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Bombay High Court Dismisses Second Appeal in Ejectment Suit — Maintainability of Suit Without Rent Controller Permission Upheld. Lease Agreement for Fixed Term Not Requiring Notice Under Section 106 of Transfer of Property Act, 1882.

The case involves a second appeal by the defendant, Shankar s/o Ratiram Bhure, against the decree of ejectment passed by the trial court and confirmed...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholding Concurrent Findings on Title and Possession. Adverse Possession Claim Fails as Appellant Failed to Prove Hostile Possession for Statutory Period Under Limitation Act, 1963.

The case involves a second appeal filed by the original defendant (appellant) against the concurrent judgments of the trial court and first appellate ...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings Upheld. Sale Deed Cancelled to Extent of Plaintiff's 1/4th Share as Purchaser Not a Bonafide Transferee Without Notice.

The present second appeal was filed by the original defendant No.4, Vikrant s/o Vilasrao Patil (since deceased, through legal heirs), challenging the ...

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High Court of Bombay at Goa Dismisses Second Appeal in Property Ownership Dispute — Appellants Fail to Prove Title. Suit for declaration of ownership and possession dismissed as appellants did not establish lawful ownership of suit property.

The appellants, Anastasio Gomes and Florina Gomes, filed a suit for declaration of ownership and possession of a property known as 'AFORAMENTO SEM DEN...

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

This is a second appeal arising from a civil suit for declaration of ownership and permanent injunction. The appellant, Parubai Savliram Kshatriya (si...

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Bombay High Court Allows Second Appeal in Mesne Profit Case — Landlord Entitled to Future Mesne Profits Despite Decree Silence. Court holds that omission to award future mesne profits in eviction decree does not bar separate proceedings under Order 20 Rule 12 CPC.

The present Second Appeal arises out of a judgment and decree dated 03.10.2022 passed by the learned District Judge-1, Bhandara in Regular Civil Appea...

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Bombay High Court Dismisses Petition Challenging Amendment of Counter Claim in Property Suit — No Prejudice to Plaintiff Despite Delay. Amendment to Include Relief for Possession of Additional Area Held Not to Change Nature of Suit or Cause Irreparable Injury.

The petitioner, Radhakisan Agrawal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 18.11.201...

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Bombay High Court Allows Writ Petition Against Civil Court Order Refusing Reference to Arbitration in Dealership Dispute. Arbitration Clause in Agreement Mandates Reference Under Section 8 of Arbitration and Conciliation Act, 1996.

The case involves a dispute between Hindustan Petroleum Corporation Ltd. (HPCL) and its dealer, M/s. Parshwa Auto Center. HPCL had issued a show-cause...