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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Adverse Possession Suit. Amendment Sought After Seven Years Allowed as It Did Not Change Nature of Suit and Was Necessary for Effective Adjudication.

The case involves a writ petition filed by Ganpat Baburao Boraste challenging an order dated 13th February 2020 passed by the Civil Judge, Senior Divi...

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Bombay High Court Dismisses Section 34 Challenge Against Arbitral Order Granting Opportunity to Cure Resolution Irregularity. Order held not an interim award under Section 2(1)(c) of Arbitration and Conciliation Act, 1996 as it does not finally determine any issue.

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the Petitioners (RA Group) challenging an...

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Bombay High Court Allows Writ Petition Challenging Suo Motu Recall of Impleadment Order in Specific Performance Suit. Trial Court's Order Set Aside for Violating Natural Justice as Affected Party Was Not Heard.

The petitioner, Sk. Naser, brother of respondent No.1, sought impleadment as plaintiff No.2 in a suit for specific performance of contract for sale of...

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Bombay High Court Dismisses Petitions Challenging Rejection of Application to Reopen Evidence in Civil Suit. Trial Court's Discretion Under Order 18 Rule 17 CPC Upheld as Defendants Had Sufficient Opportunity to Cross-Examine Witness.

The petitioners, who were the original defendants in Special Civil Suit No.74/2010 pending before the Second Joint Civil Judge, Satara, filed four wri...

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Bombay High Court Dismisses Suit for Specific Performance of Land Outside Jurisdiction Despite Leave Under Clause XII. Clause XII Leave Cannot Confer Jurisdiction Where Entire Cause of Action Arises Outside Original Civil Limits.

The plaintiffs filed a suit for specific performance of an oral agreement for sale of agricultural land situated at Aundh, Pune, which is outside the ...

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Bombay High Court Grants Interim Injunction in Share Dispute Alleging Fraudulent Transfer. Plaintiff's claim for half share in father's estate upheld pending trial due to prima facie evidence of fraudulent share transfer under Companies Act.

The plaintiff, Prabodh Jamnadas Kothari, filed a suit seeking declaration of the estate of his deceased father and his 1/2 share therein, particularly...