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Bombay High Court Dismisses Petition Challenging Eligibility of Members to Vote in Cooperative Society Elections. Membership Duration Under Section 27(3-A) of Maharashtra Cooperative Societies Act, 1960 Computed from Date of Enrollment or Resolution Admitting Member, Whichever is Earlier.

The petitioners, who are members of Shri Balaji Sahkari Doodh Utpadak Sanstha (a cooperative milk producers society registered under the Maharashtra C...

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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Suit — Appellants Failed to Establish Prima Facie Case for Injunction Against Alienation of Joint Family Property.

The appellants, Smt. Shubhangi Nandakishor Gaidhani and others, filed an appeal against an order of the trial court refusing to grant a temporary inju...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which con...

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Bombay High Court Allows Second Appeal Due to Procedural Error in Not Framing Points for Determination by Lower Appellate Court. Partition Decree Set Aside and Remanded for Fresh Disposal Under Order 41 Rule 31 CPC.

The case arises from a partition suit (Regular Civil Suit No.4 of 1986) filed by the respondents (original plaintiffs) against the appellant (original...

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Bombay High Court Allows Appeal Against Rejection of Receiver Appointment in Partnership Dissolution Suit. Partnership at will dissolved by notice; court receiver appointed to protect assets pending final adjudication.

The appellant, original plaintiff, filed Civil Suit No. 887 of 1994 seeking a declaration that the partnership firm M/s. Athavale Dairy was dissolved ...

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Bombay High Court Dismisses Petition Claiming Share Under Will in Partition Execution — Will Not Probated Under Section 213 of Indian Succession Act, 1925, Hence Cannot Be Recognized in Execution Proceedings.

The petitioner, Vishnu Ramchandra Undage, was defendant no. 3 in a partition suit (R.C.S. No. 7/1994) filed by respondent no. 1 (plaintiff) against Ra...

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Bombay High Court Dismisses Petition Seeking Stay of Suit Pending Probate Proceeding — No Automatic Stay of Civil Suit Under Section 10 CPC When Probate Proceeding Is Not a Previously Instituted Suit

The petitioner, Chandrashekhar Kashinath Patange, filed a writ petition challenging the order dated 6/7/2012 passed by the City Civil Court, Greater B...