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Bombay High Court Reconsiders Promoter's Right to Additional Construction Under MOFA After Supreme Court Remand. Dispute Centers on Whether Section 7A Overrides Flat Purchasers' Consent Requirement for Additional Wings in an Existing Scheme.

The Bombay High Court heard two first appeals remanded by the Supreme Court in a dispute between Madhuvihar Cooperative Housing Society (the society) ...

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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

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High Court Directs BBMP to Consider Apartment Owners' Complaint Against Building Licence Granted Over Common Amenity Area. Undivided Share in Entire Property Conveyed by Sale Deeds Includes Land Reserved for RWHU and STP; Builder Cannot Unilaterally Alter Approved Plan.

The petitioner, Keerthi Harmony Apartment Owners Association, challenged a building licence granted by the Bruhat Bengaluru Mahanagara Palike (BBMP) i...

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Bombay High Court Upholds Amendment of Plaint to Implead Subsequent Purchaser in Specific Performance Suit. Subsequent Purchaser Claiming Under Vendor is a Necessary Party and No Prejudice is Caused by Impleadment.

The appeal arose from an order of a Learned Single Judge allowing a Chamber Summons for amendment of the plaint in a suit for specific performance. Th...

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Bombay High Court Allows Partition Suit in Family Property Dispute — Plaintiff Entitled to 1/5th Share. Co-owner's Right to Partition Upheld Despite Unproven Allegations of Oral Partition and Will.

The suit was filed by Indira Rajguru, a resident of the United Kingdom, against her brothers and sister (defendants) for partition and separate posses...

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Bombay High Court Allows Appeal in Probate Caveat Case — Real Brother Has Caveatable Interest as Creditor and Under Family Settlement. Section 284 of Indian Succession Act, 1925 interpreted to include persons with slight interest in estate.

The case involves an appeal against an order of a learned single Judge of the Bombay High Court dismissing a caveat filed by the appellant, Purushotta...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...