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Bombay High Court Dismisses Second Appeal in Partition Suit Due to Unexplained Delay. Refusal to condone delay upheld as no sufficient cause was shown.

The appellants, original defendants in a partition suit, challenged the decree passed by the Civil Judge, JD, Warud in RCS No. 69 of 2008, which grant...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Concurrent findings of fact by trial and appellate courts cannot be interfered with under Article 227 unless perverse or without jurisdiction.

The petitioners, legal representatives of the original defendant Shankar Mahada Kardile, filed a writ petition under Article 227 of the Constitution o...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

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Bombay High Court Allows Second Appeal in Property Suit — Non-Consideration of All Issues by Lower Appellate Court Raises Substantial Question of Law. The lower appellate court failed to consider all issues arising from the plaintiff's pleadings as considered by the trial court, warranting remand.

The case involves a second appeal filed by the appellants (plaintiffs) against the judgment of the lower appellate court which reversed the trial cour...

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Bombay High Court Allows Daughter's Claim in Land Acquisition Reference Despite Mutation Entry in Favor of Brother's Family. Court Holds Mutation Entry Not Conclusive of Title and Daughter Entitled to Share as Co-owner Under Hindu Succession Act, 1956.

The petitioner, Sakhubai @ Shakuntala V. Chopde, filed a writ petition challenging the order of the Reference Court under Sections 30 and 31 of the La...