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Bombay High Court Dismisses Decree Holders' Execution Petitions in Rent Control Case — Payment of Balance Amount After Decree Renders Execution Infructuous. Conditional Decree for Possession Cannot Be Executed Once Arrears Are Paid Under Section 47 CPC.

The petitioners, decree holders, filed two writ petitions challenging a common order dated 28.4.2005 passed by the Executing Court in Special Executio...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Rent Recovery Suit. Denial of Landlord-Tenant Relationship Raises Triable Issue Under Order VII Rule 11(d) CPC.

The petitioner, original defendant in Regular Civil Suit No.447/2009, filed a Civil Revision Application challenging the order dated 23.09.2010 passed...

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Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Eviction Suit — Amendment Sought at Fag End of Trial Held Not Permissible as It Would Change Nature of Defence and Cause Prejudice.

The dispute pertains to a suit for eviction filed by the original Plaintiff, Joanita Braganza, against the original Defendant, Stanislaus J.T. D'Souza...

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Bombay High Court Allows Writ Petition in Rent and Possession Dispute, Remands Suit for Fresh Adjudication on Merits — Appellate Court's Remand Order Set Aside for Lack of Proper Reasoning and Non-Compliance with Order 41 Rule 23 CPC.

The petitioner, the original plaintiff, filed a writ petition challenging the judgment and decree dated 25/02/2020 passed by the District Judge-4, Cha...

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Bombay High Court Quashes Recovery Proceedings Against Timber Purchasers for Fire-Destroyed Goods. Property in Timber Not Passed to Purchasers Under Sale of Goods Act, 1930, Hence No Liability Under Maharashtra Land Revenue Code.

The petitioners, fifteen timber merchants, participated in an auction conducted by the Forest Department on 16.04.2008 and 15.05.2008 for the purchase...

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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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High Court of Karnataka Allows Tenant's Revision Against Eviction Order in Execution Proceedings — Compromise Decree Not Violated as Lease Deed Was Not Part of Decree. Executing Court Cannot Go Beyond Decree Terms; Alleged Violation of Lease Deed Not Enforceable in Execution Under Section 115 CPC.

The petitioner, Smt. R. Sharmila, was a tenant in a property owned by the respondent, B. Devakumar. The respondent filed O.S.No.755/2011 for ejectment...

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Bombay High Court Dismisses Licensee's Writ Petition Challenging Eviction Order Under Maharashtra Rent Control Act, 1999 — Petitioner Failed to Satisfy Requirement of Section 43(4)(a) for Leave to Defend. Licensee Cannot Claim Tenancy Rights After Expiry of Leave and License Agreement.

The petitioner, Amitabh Nigam, was a licensee of a flat owned by the respondents, Amit Sharma and Shiwani Sharma, under a registered leave and license...