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Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963.

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing thei...

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Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

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Bombay High Court Dismisses Appeal Against Setting Aside of Consent Decree in Property Suit. Consent Decree Obtained by Fraud and Misrepresentation, Not Binding on Co-operative Society and Its Members.

The appeal arises from a long-standing property dispute. The appellant, Time Field Corporation, a partnership firm, filed a suit in 1978 against Shri ...

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High Court of Karnataka Hears Two Regular First Appeals Under Section 96 CPC Against Common Judgment in Suits for Declaration, Injunction, Partition, and Dissolution of Partnership — Property Dispute Involving Sites in Mysore and Bangalore

The Regular First Appeals RFA No.37/2003 and RFA No.84/2003 were filed under Section 96 of the Code of Civil Procedure, 1908, challenging the common j...

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High Court of Bombay Allows Second Appeal in Evacuee Property and Tenancy Rights Dispute. Civil Court Jurisdiction Not Barred Where Procedural Violations Under Section 12 of Administration of Evacuee Property Act, 1950 Alleged and Injunction Could Have Been Granted to Tenant Purchaser.

The litigation arose from a dispute over agricultural land bearing Survey No. 316/1 (Gat No.807/1) at Mouza Ghusar, Tahsil Akola, involving competing ...

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Bombay High Court Examines Specific Performance Decree Against Minor Legal Heirs in Second Appeal. Court Finds Section 8(2) of Hindu Minority and Guardianship Act, 1956 Mandatory Before Decree Can Affect Minor's Share in Self-Acquired Property.

The Second Appeal arose from a suit for specific performance and possession of an agricultural land (converted to non-agricultural) bearing Survey No....

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Supreme Court Allows State's Appeal Against Quashing of Charge Sheet in Disproportionate Assets Case. Re-employment of Retired Police Officer as Joint Director Valid Under Article 162 of Constitution.

The Supreme Court dealt with appeals against the High Court's order quashing a charge sheet in a disproportionate assets case under the Prevention of ...

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Bombay High Court Allows Petitions Against Stop Work Notice and Demolition Order in Cantonment Area — Holds That Repair of Old Grant Bungalow Does Not Require Prior Permission Under Revised Land Policy of 1995.

The petitioners, legal heirs of late Smt. Homai Nussarwanji Pudumjee, were occupancy holders of bungalow No.6, Maneckji Mehta Road, Pune, an old grant...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession.

The present second appeal arises out of a civil suit for declaration of ownership and permanent injunction filed by the original plaintiffs (now appel...