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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

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Bombay High Court Dismisses Injunction Application in Testamentary Suit — No Stay of Execution of Partition Decree. Pendency of testamentary suit does not automatically stay execution of a civil court decree for partition and accounts.

The applicant, Sukumar Bhoja Shetty, filed a Notice of Motion in Testamentary Suit No. 113 of 2017 seeking an injunction to restrain the defendant, Ga...

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Bombay High Court Dismisses Landlord's Revision in Rent Suit — No Willful Default or Bona Fide Need Established. Landlord failed to prove willful default in payment of rent and bona fide need for personal use under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The applicant, Surgonda Kalgonda Patil, was the original plaintiff who filed a suit for possession of suit premises and recovery of arrears of rent ag...

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Bombay High Court Dismisses Petitions Challenging Mutation Entries in Land Revenue Records, Upholding Concurrent Findings of Civil Courts. Petitioners failed to establish possession or title over suit lands; mutation entries held not conferring title under Maharashtra Land Revenue Code, 1966.

The case involves multiple writ petitions filed by various petitioners challenging mutation entries made in the revenue records in favor of the origin...