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Bombay High Court Dismisses Review Petition in Specific Performance Suit — No Error Apparent on Record Under Order 47 Rule 1 CPC. Promoter of Proposed Cooperative Society Held to Have Locus Standi to Sue for Specific Performance Despite Society Being Unregistered.

The case arises from a suit for specific performance of an agreement for sale dated 12 August 1981. The plaintiff, Respondent No.1, as chief promoter ...

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Bombay High Court Pronounced Judgment in Writ Petition No.6998 of 2021 Addressing Consent Requirements Under MOFA for Construction on Amalgamated Land. The Court Framed Issues on Informed Consent Under Section 4 and Applicability of Section 7A of the Maharashtra Ownership of Flats Act, 1963.

Background: The case involves a dispute over construction of an additional building 'E' in the 'Eves Garden' housing scheme at Mundhawa, Pune. The pet...

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Bombay High Court Dismisses Developer's Petition Challenging Deemed Conveyance Order in Favor of Cooperative Housing Society. Developer's Obligation to Transfer Land to Society Under Section 11 of Maharashtra Ownership Flats Act, 1963 is Absolute and Not Subject to Limitation.

The petitioners, K.V. Satyamurthy and S.M. Builders, were the owners and developers of a piece of land in Juhu, Mumbai. They constructed and sold 36 b...

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High Court of Karnataka Considers Validity of RERA Order on Complaint Maintainability and Project Exemption. The Court Examines Whether a Project with Occupancy Certificate is Exempt from Registration Under Rule 4 of Karnataka Real Estate Rules.

The petitioner, a real estate promoter, challenged an order of the Karnataka Real Estate Regulatory Authority which rejected its application seeking d...

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Bombay High Court Dismisses Promoter's Second Appeal in RERA Case for Non-Compliance with Pre-Deposit Order. Pre-deposit under Section 43(5) of RERA is mandatory; failure to deposit results in dismissal of appeal under Section 44.

The case involves a second appeal filed by M/s Renaissance Infrastructure and others (the promoter) against the dismissal of their appeal under Sectio...

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WRIT PETITION NO. 2987 OF 2018

The judgment, rendered on 3 June 2019 by Justice G.S. Kulkarni of the Bombay High Court, was a writ petition concerning a Slum Rehabilitation Scheme o...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Case — Incomplete Development and Rights of Other Flat Owners Ignored. Unilateral Conveyance of Entire Land to One Society Held Invalid When Other Buildings Remain Unfinished and Governed by Different Enactment.

The petitioners, Marathon Next Gen Realty Limited and Marathon Realty Private Limited, are the owners and developers of a large parcel of land admeasu...