Search Results for "res judicata not made out"

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Bombay High Court Dismisses Second Appeal in Execution Objection Case — Upholds Summary Rejection of Objection Petition Under Order 21 Rule 97 CPC. Executing Court Not Required to Adjudicate Title When Objection is Frivolous and Collusive.

The appellant, Kamal W/o Vishwanath Jadhav, filed a second appeal challenging the judgment and decree dated 11.09.2025 passed by the first appellate C...

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High Court of Bombay Hears Petitioners Challenging Modifications to Development Control Regulations for Greater Bombay, 1991 Under Section 37 of MRTP Act. Petitioners Allege Amendments Are Not Minor, Ultra Vires, and Violate Right to Clean Environment Under Article 21.

Seven petitioners, all tax payers and rate-payers of the State of Maharashtra and the Municipal Corporation of Greater Bombay, filed a writ petition u...

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Bombay High Court Dismisses Appeal in Property Dispute Against Municipal Corporation — Suit Barred by Limitation and Res Judicata. Claim for Declaration of Ownership and Injunction Fails as Plaintiff Failed to Prove Title and Suit Was Filed Beyond Limitation Period Under Limitation Act, 1963.

The appeal arises from a suit filed in 1979 by the original plaintiff, Motilal Mahadev Sharma, against the Municipal Corporation of Greater Bombay see...

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Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

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Bombay High Court Grants Interim Relief in Property Dispute Over Suit Premises — Appointment of Receiver and Injunction Sought. Court confirms ad-interim order restraining alienation and storage of combustible goods, but declines appointment of receiver at interim stage.

The plaintiff, Sanjeev Alias Sanjay Subhash Grover, filed a Notice of Motion in Suit No. 1989 of 1995 seeking ad-interim and interim relief against th...

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Bombay High Court Upholds Validity of Section 145 CrPC Proceedings in Multi-Party Disputes and Successive Orders. The court held that Section 145 CrPC applies to disputes involving more than two parties and that successive orders are permissible if fresh material shows a new apprehension of breach of peace.

The case involves a group of writ petitions and intervention applications challenging the validity of proceedings under Section 145 of the Code of Cri...

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Supreme Court Allows Appeals in Urban Land Ceiling Case — Upholds Vesting of Land in State and Rejects Ownership Claim. The Court held that the plaintiffs failed to prove their title and that the suit was barred by res judicata and limitation.

The case involves a dispute over land bearing No.73, Canal Circular Road, Calcutta, which was part of a larger parcel of land. The plaintiffs, claimin...