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Bombay High Court Dismisses Revision Against Wakf Tribunal Order Upholding Plaintiff's Title Over Wakf Property. The court held that the Wakf Tribunal had jurisdiction to decide the suit and that the plaintiff's suit was not barred by limitation.

The case involves a dispute over Survey Gut No.66 of village Harsool, Aurangabad. The plaintiff, Pratapsingh s/o Nursing Kakarwal, filed a suit before...

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Bombay High Court Dismisses Petition Challenging Refusal to Frame Preliminary Issue in Rent Act Proceedings. Maintainability of Application Under Section 13A(2) of Bombay Rents Act Involves Mixed Questions of Law and Fact and Cannot Be Decided as Preliminary Issue.

The case involves two writ petitions under Article 227 of the Constitution challenging an order dated 7th October 2004 passed by the competent authori...

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Bombay High Court Dismisses Bank's Revision Against Rejection of Plaint Rejection Application in SARFAESI Act Suit. Civil Court's Jurisdiction Not Barred Where Tenant Claims Independent Tenancy Rights Under Section 17(4A) and 13(4) of SARFAESI Act, 2002.

The Bombay High Court at Nagpur dismissed a civil revision application filed by Dena Bank (defendant no.2) challenging an order of the trial court tha...

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Bombay High Court Dismisses Petition Challenging Trial Court's Refusal to Allow Additional Documents in Eviction Suit — No Error in Exercise of Discretion Under Order 13 Rule 1 CPC.

The petitioners, as plaintiffs in a suit for eviction, sued two defendants. The second defendant, during his cross-examination, applied to produce cer...

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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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Bombay High Court Dismisses Revision Against Order Postponing Decision on Maintainability and Limitation to Trial. Interlocutory Order Not a 'Case Decided' Under Section 115 CPC.

The applicant, a registered public trust, was sued by the respondent for specific performance of an agreement to sell trust property and for a mandato...

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Bombay High Court Dismisses Petition Challenging SRA Order in Slum Rehabilitation Dispute — Petitioner Failed to Establish Entitlement to Alternate Accommodation Under SRA Scheme.

The petitioner, Samir Narain Bhojwani, filed a writ petition challenging an order passed by the Assistant Registrar, C.S. (Eastern & Western Suburban)...

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Gujarat High Court Quashes Revenue Tribunal Order in Tenancy Revision Due to Gross Delay. Inordinate Delay of 34 Years in Challenging Mamlatdar's Order Cannot Be Condoned Without Proper Explanation Under Tenancy Act.

The State of Gujarat, through the Deputy Collector, filed a Special Civil Application under Article 227 of the Constitution challenging an order dated...

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Madras High Court Dismisses Revision Petition Challenging Executability of Decree on Ground of Non-Compliance with Order XX Rule 4 CPC. Judgment Debtor Cannot Raise Nullity of Decree Under Section 47 CPC After Ex-Parte Decree Became Final and Earlier Application to Set Aside Was Dismissed.

The case involves a civil revision petition filed by Srinivasa Doss (petitioner) against P.Kalaidasan and P.Seshian (respondents) challenging an order...