Search Results for "tenant locus standi"

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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Dismissal of Suit for Declaration and Recovery of Possession. The court held that the plaintiff failed to prove title and possession over the suit property, and the suit was barred by limitation.

The case involves two Regular First Appeals filed against the judgment and decree dated 07.11.2014 in O.S.No.72/2011 passed by the I Additional Senior...

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High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

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Bombay High Court Dismisses Appeal for Lack of Locus Standi in Eviction Suit — Identity of Appellant Remains Unresolved. The court found that the appellant failed to establish his identity and locus standi to challenge the eviction decree.

The appeal arose from an eviction suit filed by the respondents against the appellant. The appellant claimed to be in possession of a room and sought ...

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Bombay High Court Dismisses Writ Petition Challenging Execution of Eviction Decree Based on Civil Death Declaration. Objections under Section 47 CPC Held Not Maintainable After Decree Attains Finality.

The petitioners, Jaibunissa and Abdul Hamid Khan, were tenants of premises owned by Salimuiddin Khan. Salimuiddin had inducted them on a long lease. A...

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Bombay High Court Dismisses Application for Perjury Proceedings in Property Dispute — No Prima Facie Case of False Evidence Established Under Section 340 CrPC. Court Hears Accused on Preliminary Issue and Finds Allegations Unsubstantiated.

The judgment concerns a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973, by Satyanarayan Nandk...

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Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute. Petitioner fails to prove will or entitlement to flat as Letters of Administration validly granted to son of deceased.

The petitioner, Prakash P. Bambardekar, filed a petition under Section 263 of the Indian Succession Act, 1925 seeking revocation of Letters of Adminis...

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Bombay High Court Dismisses MSEB's Challenge to Sale of Captive Power to Third Party Without Licence Under Electricity Act, 2003. Captive Generating Plant Not Required to Obtain Licence for Sale to Another Industrial Consumer Under Section 9 Read With Section 42 of the Electricity Act, 2003.

The petitioner, Maharashtra State Electricity Board (MSEB), filed a writ petition challenging the order of the Maharashtra State Electricity Regulator...