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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Show Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The present second appeal was filed by the original plaintiffs (appellants) challenging the concurrent judgment and decree passed in Special Civil Sui...

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Bombay High Court Dismisses Writ Petition in Tenancy Land Dispute — Petitioner Fails to Prove Deemed Purchase Under Section 32G of Bombay Tenancy and Agricultural Lands Act, 1948. Mere Revenue Entry as 'Kabjedar' Insufficient to Establish Tenancy Rights; Inordinate Delay in Filing Revision Also Fatal.

The petitioner, Shri Vitthal Maruti Bulunge, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order d...

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Bombay High Court Dismisses Appeal, Confirms Decree of Redemption of Mortgage in Favor of Plaintiffs. Transaction Held as Mortgage Despite Document Purporting to be Sale, Based on Inadequate Consideration and Agreement to Reconvey.

The case involves a second appeal filed by the defendant (appellant) against the judgment and decree of the Additional District Judge, Biloli, which c...

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Bombay High Court Sets Aside Trial Court Order Permitting Late Filing of Written Statement Without Considering Sufficient Cause — Order VIII Rule 1 CPC. Trial Court Must Consider Grounds for Delay Before Setting Aside 'No Written Statement Order'.

The petitioner, original plaintiff, filed Regular Civil Suit No.502 of 2008 for permanent injunction against the respondents. The defendants appeared ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the District Judge, Satara, which c...

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Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Appellants Held Entitled to Right of Redemption Along with Respondent No.1. Co-mortgagors' Right to Redeem Mortgage Property Upheld Under Mortgage by Conditional Sale Deed Dated 15th April 1971.

The case involves a Second Appeal filed by the original Defendants Nos. 2 to 8 against the judgment of the lower appellate court. The Respondent No.1,...

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Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...