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Bombay High Court Allows Appeal Against Injunction in Property Dispute Over Passage and Gate. Trial Court Failed to Consider Leave Application Under Order II Rule 2 CPC Before Granting Interim Relief.

The appeal arises from a suit filed by Respondents 1 to 4 (plaintiffs) against the appellant (defendant No.1) and the Municipal Corporation (defendant...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Dated 1st October 1974 Proved; Appellant as Subsequent Purchaser Not Protected Under Section 19(b) of Specific Relief Act, 1963.

The case involves a second appeal filed by Sadashiv Ramchandra Arve (original defendant no.3) against the judgment and decree dated 2nd December 1992 ...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Suit for Specific Performance and Injunction — Prima Facie Case and Balance of Convenience Found in Favor of Appellants.

The appellants, who are the plaintiffs in the suit, filed an appeal against the order of the trial court rejecting their application for temporary inj...

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Bombay High Court Allows Impleadment of Legal Heirs and Grants Leave to Continue Proceedings in Specific Performance Suit. Transfer of Property During Pendency of Lis Pendens Does Not Affect Rights of Parties Under Order 22 Rule 4 and Rule 10 CPC.

The Plaintiff, Nirav Deepak Modi, filed Suit No. 1166 of 2006 for specific performance of an agreement for sale concerning a suit property. The suit w...

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Supreme Court Allows Appeal in Property Dispute Case — Review Jurisdiction Improperly Exercised by High Court. The Court held that the High Court's review order did not satisfy the grounds under Order 47 Rule 1 CPC and was an abuse of process.

The present appeal arises from a long-standing property dispute concerning premises No. 43, Prithviraj Road, New Delhi. The property originally belong...