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Search Results for "plaintiff's residence"

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High Court

Bombay High Court Allows Revision Application in Eviction Suit — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Illegal.

3 Sep 2025

The present revision application arises from a civil suit for eviction. The respondents (plaintiffs) filed RCS No. 167 of 2008 seeking vacant possessi...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Suit for Specific Performance. Court upholds trial court's finding that plaintiff failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963.

6 Apr 2022

The petitioner, Mahesh Shambhulal Bhanushali @ Gori, proprietor of Vipul Octroi Centre, filed a writ petition challenging the order dated 28/03/2022 p...

High Court

Bombay High Court Dismisses Second Appeal in Hindu Succession Act Partition Case — Section 23 Restriction Not Applicable When Only One Male Heir Exists. The court held that a female heir's right to claim partition of a dwelling house is not barred by Section 23 of the Hindu Succession Act, 1956 when there is only one male heir, as the provision is intended to protect multiple male heirs from being forced out of the family dwelling.

18 Jun 2010

The appellant, Bharat Vithal Sakhare, filed a second appeal against the judgment of the Appellate Court which had allowed the partition suit filed by ...

High Court

Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

26 Jul 2019

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...

High Court

Bombay High Court Allows Recovery Suit for Cotton Price and Interest — Contract Deemed Accepted Under Clause 33. The court held that the defendant was liable to pay the price of cotton bales and other charges with interest at 20% per annum.

2 Aug 2005

The plaintiff, The Cotton Corporation of India Ltd., filed a suit for recovery of Rs.15,78,006.49 along with interest at 20% per annum against the def...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Brother vs. Brother Eviction Suit — Civil Court Has Jurisdiction Over Property Disputes Between Co-Owners/Legal Heirs Without Landlord-Tenant Relationship. The court held that the term 'licensee' under Section 41 of the Presidency Small Cause Courts Act, 1882 does not extend to disputes between family members in possession of ancestral property, and the Civil Court has jurisdiction.

15 Oct 2013

The appellant, Manohar Sahadev Shinde, filed a suit in the City Civil Court, Mumbai, seeking eviction of his brother, Yashwant Sahadev Shinde, from a ...

High Court

Bombay High Court Dismisses Appeal in Property Suit — Upholds Order Rejecting Plaint for Non-Disclosure of Cause of Action. Failure to Establish Title and Possession Leads to Rejection of Plaint Under Order VII Rule 11 CPC.

30 Nov -0001

The appellant, M/s. Rizvi Builders, a proprietary concern of Mr. Akhtar Hasan Rizvi, filed a suit against the respondents, who are members of a Hindu ...

High Court

Bombay High Court Dismisses Petition in Eviction Suit — Licensee Cannot Claim Tenancy Rights. Relationship of licensor and licensee established; no tenancy created despite payment of monthly compensation.

16 Jun 2006

The case involves a suit for eviction instituted in 1983 by the respondent (original plaintiff) against the original defendant (now deceased, represen...

High Court

Bombay High Court Dismisses Tenant's Revision Against Eviction Decree — Notice Under Section 106 of Transfer of Property Act, 1882 Held Valid Despite Reference to Expired Quarter. The court held that a notice to quit calling upon the tenant to vacate at the expiration of a quarter that had already expired was not invalid as it was served during the tenancy and the tenant understood the intention.

2 Apr 2018

The case involves a civil revision application filed by M/s. Universal Cables Ltd., the tenant, against an eviction decree passed by the trial court a...

High Court

Bombay High Court Dismisses Appeal Against Demolition Notice Under Mumbai Municipal Corporation Act, 1888; Affirms That Unauthorized Structure Not Entitled to Protection as Tolerated Structure. Absence of Consistent Documentary Evidence and Non-compliance with Government Resolution Requirements Led to Rejection of Plaintiff's Claim for Declaration and Permanent Injunction.

5 Oct 2010

The appeal arose from the dismissal of a civil suit seeking declaration and permanent injunction against a demolition notice issued by the Municipal C...

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