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Bombay High Court Allows Amendment in Suit for Specific Performance and Injunction — Delay Condoned Due to Sufficient Cause. Amendment sought to incorporate subsequent events and additional reliefs held necessary for complete adjudication of dispute.

The present application was filed by the applicants/plaintiffs, Meteor Estates Pvt. Ltd. and Romesh Satyanarayan Sharma, seeking amendment of the plai...

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Gujarat High Court Allows Amendment Application in Partition Suit — Holds That Adding Property and Changing Valuation Does Not Alter Nature of Suit. Amendment Under Order VI Rule 17 CPC Must Be Liberally Granted to Determine Real Controversy Between Parties.

The present petitions under Articles 226 and 227 of the Constitution of India were filed by the original plaintiffs (petitioners) challenging the orde...

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High Court of Karnataka Dismisses Second Appeal in Adoption Dispute — Concurrent Findings of Nullity Upheld. Adoption of Minor by Widow Without Husband's Consent and Without Registered Deed Held Void Under Hindu Adoption and Maintenance Act, 1956.

The appellant, Basavaraj alias Shivabasappa, a minor represented by his natural father, filed a second appeal under Section 100 of the Code of Civil P...

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Supreme Court Dismisses Appeal Against High Court's Finding of Waiver of Right to Object to Time Extension in Arbitration Proceedings. Held that Participation in Proceedings Without Insisting on Time Limit Constitutes Waiver of Right to Object to Extension of Time.

The appeal arises from a dispute between partners of a partnership firm (appellants) and a company (respondent) regarding an arbitration agreement dat...

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Bombay High Court Upholds Relief from Lis Pendens in Specific Performance Suit — Transfer of Property Act Section 52. Court allows defendant to be relieved from lis pendens upon deposit of Rs.8 lakhs, balancing plaintiff's claim with defendant's right to deal with property.

The appeal arises from a judgment of a learned Single Judge dated 13 September 2013 in a motion taken out by the Appellant, the original Plaintiff, du...

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Specific Performance Suit — Appellants Failed to Show Sufficient Cause for Non-Appearance Despite Service of Summons.

The case arises from a suit for specific performance of a contract filed by the respondent/plaintiff against the appellants/defendants. The trial cour...