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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Adverse Possession. The court held that the plaintiff had perfected title by adverse possession and that the award of mesne profits under Order 20 Rule 12 CPC was proper.

The case involves a second appeal filed by Smt Shantabai against the judgment of the Additional District Judge, Wardha, which dismissed her appeal and...

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Bombay High Court Upholds Impleadment of Tenant in Eviction Suit — Applicant Claiming Tenancy Rights Has Direct Interest in Subject Matter. Order 1 Rule 10 CPC Allows Impleadment of Party Whose Rights Would Be Affected by Outcome of Suit for Possession.

The Petitioner, original Plaintiff, filed a suit (S.C. Suit No.1830 of 2010) in the City Civil Court, Greater Mumbai, against Respondent Nos.1 and 2 (...

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Bombay High Court Dismisses Appeal by Electricity Company in Lease Dispute, Upholds Decree for Possession. Lease Terminated by Efflux of Time and Notice Under Section 106 of Transfer of Property Act, 1882, Suit Filed Within Limitation Under Article 67 of Limitation Act, 1963.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the Maharashtra Rajya Veej Vitaran Company (appella...

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Bombay High Court Decides Appeal Regarding Retrospective Reassessment of Property Tax Under Mumbai Municipal Corporation Act, 1888. Single Judge had Quashed Orders and Demands Reassessing Rateable Value from 1-4-2000.

The Municipal Corporation of Greater Mumbai issued special notices in 2001 and 2002 reassessing the rateable value of Dalamal Tower Premises Co-operat...

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Bombay High Court Dismisses Revocation of Probate Petition for Lack of Just Cause Under Section 263 of Indian Succession Act, 1925. Court holds that mere existence of other legal heirs does not constitute fraud when probate was granted after due citation and without objection.

The case involves a petition for revocation of probate filed by Dinesh Madhukar Parshetye (the petitioner) under Section 263(b) of the Indian Successi...

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Bombay High Court Enhances Royalty for Court Receiver's Property in License Dispute. Court modifies Receiver's order fixing royalty at Rs.45,000 per month and enhances to Rs.1,50,000 per month based on valuation report and market rates.

The plaintiff filed a chamber summons seeking modification of the Court Receiver's order dated 24 August 2010 fixing royalty at Rs.45,000 per month fo...

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Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Appellate Court's Dismissal of Suit. Court holds that plaintiff failed to prove agreement and readiness and willingness, and suit was barred by limitation under Article 54 of Limitation Act, 1963.

The appeal arises from a suit for specific performance of an agreement for sale of immovable property. The plaintiff, Manoj Manilal Gala (appellant), ...

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Bombay High Court Appoints Court Receiver in Property Dispute Between Family Members Over Sonal Building and Flat No.3A. Court Receiver appointed under Order XL CPC for building and flat, with power to appoint agent for use on payment of compensation.

The present Notice of Motion was taken out by the plaintiff, Rohit Vanmalidas Mehta, in a suit pending before the Bombay High Court. The dispute perta...