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Bombay High Court Allows Co-operative Society's Writ Petitions Against Unauthorized Construction by Members. Dispute Between Society and Member Regarding Unauthorized Construction and Possession is Barred from Civil Court Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

The petitioner, The Manglorian Garden Homes Co-operative Housing Society Limited, filed three writ petitions challenging the orders of the Civil Judge...

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Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction and Declaration Dismissed as Plaintiff Failed to Prove Possession and Title Over Suit Property.

The appellant, Sri B.N. Devaraju, filed a second appeal before the Karnataka High Court against the concurrent judgments of the trial court and the fi...

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Supreme Court Dismisses Son's Suit to Stay Execution of Mortgage Decree Against Father on Joint Family Property. Son Cannot Restrain Sale Unless Mortgage Is Shown Not Binding on Him Before Sale Occurs.

The case involved a joint Hindu family consisting of a father (the manager) and his son, the appellant. The father borrowed money from the first respo...

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Supreme Court Upholds Division Bench Order in AIADMK Internal Dispute — Interim Injunction Denied for Party Meetings. Court holds that temporary injunction in political party affairs requires strict compliance with CPC principles and balance of convenience.

The Supreme Court disposed of a batch of appeals arising from interim orders in civil suits concerning the internal management of the All India Anna D...

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Bombay High Court Dismisses Tenants' Petition Against Dismissal of Application to Set Aside Decree in Eviction Suit. Decree Passed Not Ex-Parte but Under Order XVII Rule 2 CPC, as Defendants Had Appeared Earlier and Failed to Appear at Subsequent Hearings Without Sufficient Cause.

The dispute arose from an eviction suit filed by Kshtriya Dnyati Sabha, a registered public trust under the Bombay Public Trust Act, 1950, against the...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Remands for Fresh Consideration on Limitation. The appellate court's dismissal of suit as barred by limitation was set aside as it failed to consider the plaintiff's case that refusal occurred on 30 March 1972, not 31 March 1972.

The case involves a second appeal filed by the original plaintiff (now represented by legal heirs) against the judgment of the District Court, Solapur...