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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds First Appellate Court's Decision on Limitation. Suit for Declaration by Minors Governed by Article 60 of Limitation Act, 1963, Limitation Runs from Attaining Majority.

The case involves a second appeal before the Bombay High Court at Goa arising from a property dispute. The appellants (defendants in the original suit...

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Bombay High Court Dismisses Appeal in Specific Performance Suit, Upholds Trial Court's Finding of Loan Transaction Instead of Sale Agreement. Agreement to sell held to be a security for loan, not a genuine sale agreement, and plaintiff failed to prove readiness and willingness to perform contract.

The petitioner, Smt. Shobha Janardhan Masram, filed a civil suit for specific performance of an agreement to sell dated 25-11-1994, claiming that the ...

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Bombay High Court Allows Second Appeal in Partition Suit, Restores Trial Court's Dismissal. Plaintiffs Failed to Prove Suit Lands Were Joint Family Property Under Hindu Law.

The case involves a partition suit filed by the descendants of Nama and Maruti against the legal heirs of Tukaram, claiming that 24 agricultural lands...

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Bombay High Court Hears Appeal Against Dismissal of Notice of Motion in MOFA-MMRDA Dispute. Flat Purchasers Claimed MOFA Rights on Land Owned by MMRDA and Leased to Developer, Which Respondents Disputed as Excluded Under MMRDA Act.

This appeal before the Bombay High Court arose from the dismissal of a Notice of Motion by a learned Single Judge in a suit concerning a plot of land ...

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Bombay High Court Allows Second Appeal in Suit for Reconveyance Based on Conditional Sale Deed — Agreement to Reconvey Not Proved. Court holds that the burden of proving an oral agreement to reconvey lies on the party asserting it, and failure to discharge that burden results in dismissal of the suit.

The case involves a second appeal filed by the defendants against the judgment and decree of the II Additional District Judge, Beed, dated 17.09.1994,...

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Bombay High Court Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Bank Guarantee Dispute. The court held that the Debt Recovery Tribunal has jurisdiction to entertain claims for recovery of amounts due under bank guarantees, and the petitioner's challenge was without merit.

The petitioner, Gammon India Limited, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 28th September 2...

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High Court of Karnataka Allows Second Appeal in Mortgage Redemption Suit — Appellant Entitled to Redemption Despite Delay. Court holds that a mortgagor's right to redeem continues until foreclosure or sale, and mere delay does not extinguish the right unless there is a decree for foreclosure.

The present appeal arises from a suit for redemption of mortgage filed by the appellant (plaintiff No.2) along with respondent No.2 (plaintiff No.1) a...