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Supreme Court Quashes High Court Order in Civil Appeal Under Article 227 of Constitution of India. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree Without Examining Sufficient Cause Under Order IX Rule 13 CPC and by Acting as Appellate Court.

The appeal arose from a High Court judgment dated 1 May 2024 allowing a writ petition under Article 227 of the Constitution of India filed by the resp...

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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Prior Partition Based on Unequal Division and Subsequent Conduct. Court holds that unequal partition does not invalidate severance of joint status and that subsequent alienations of individual shares indicate acceptance of prior partition.

The case involves a Second Appeal filed by the original defendants against a decree for partition and separate possession granted by the First Appella...

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High Court of Karnataka Allows Second Appeal in Injunction Suit — Rejection of Plaint Set Aside. Plaint Discloses Cause of Action and Is Not Barred by Limitation Under Order VII Rule 11(d) CPC.

The appellant, M/s. Shree Garodi Steels, filed a suit for permanent injunction against the respondent, M/s. Yojaka India Private Ltd., in O.S. No. 739...

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Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

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Bombay High Court Allows Amendment to Plaint in Suit for Compensation and Declaration of Sale Agreement as Void. Amendment Sought to Challenge Agreement for Sale of Property Allegedly Purchased with Siphoned Funds Allowed Under Order VI Rule 17 CPC.

The Plaintiff, Edit II Productions, filed a suit seeking compensation for financial loss caused by the Defendants who allegedly siphoned funds from th...

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Bombay High Court Dismisses Petitioners' Challenge to Mutation Entry Based on Will in Land Revenue Case — Civil Court Decree Binding on Revenue Authorities. Mutation Entry Does Not Confer Title and Writ Jurisdiction Under Article 227 Cannot Be Used to Reappreciate Evidence.

The petitioners, Amrutrao Shankarrao Deshmukh and Dhananjay Amrutrao Deshmukh, filed a writ petition under Article 227 of the Constitution of India ch...

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Bombay High Court Allows Amendment to Plaint in Suit Against Deputy Salt Commissioner and Union of India. Amendment seeking to add claim for damages for demolition of structure is not barred by limitation as it arises from the same cause of action.

The plaintiff, Vikas Kamalakar Walawalkar, filed Suit No.1172 of 2005 against the Deputy Salt Commissioner, Union of India, and Mumbai Municipal Corpo...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint for Non-Payment of Court Fees in Commercial Suit. Court upholds trial court's order rejecting plaint under Order VII Rule 11(c) CPC for failure to pay deficit court fees within extended time.

The appellant, Nine Media & Information Services Ltd., filed a commercial suit against multiple respondents including Hero Honda Motors Ltd. and other...