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Bombay High Court Dismisses Second Appeals Against Execution of Decree for Possession, Holding That Objectors Claiming Adverse Possession Must First Establish Their Own Independent Title. Order XXI Rule 97 CPC Objections Cannot Be Used to Re-litigate Title Already Decided Against the Judgment Debtor.

The present appeals arise from execution proceedings initiated by the decree holder (respondent No. 1) to enforce a decree for possession of land adme...

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High Court of Judicature at Bombay Allows Petitioners in DCR Interpretation Case Following Supreme Court's Godrej & Boyce Ruling. The Court Holds That Paragraph 6 of Appendix VII Entitles Owner to DRC Equal to Area of Constructed Amenity, Rejecting Circulars Limiting to 25%.

Background: The consolidated writ petitions were filed before the High Court of Judicature at Bombay under Article 226 of the Constitution concerning ...

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Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

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Bombay High Court Dismisses Challenge to SRA Committee's Order on Slum Dweller Eligibility. The Court upheld the High Power Committee's jurisdiction to determine eligibility for rehabilitation under the Slum Rehabilitation Scheme, rejecting the petitioners' claim for inclusion of additional tenants.

The case involves two writ petitions filed by Housing Development and Infrastructure Ltd. and another challenging the order of the High Power Committe...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...