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Bombay High Court Rules on Maintainability of Motion for Setting Aside Consent Decree Alleging Fraud. Court Interprets Order 23 Rule 3A CPC and Precedent to Determine if Non-Party Can Challenge Consent Decree via Application.

Background: The dispute arose from Suit No. 1188 of 1984 concerning certain properties. Premnath, brother of original plaintiff No. 1, had been recogn...

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Bombay High Court Dismisses Application to Set Aside Consent Terms in Eviction Suit Due to Breach of Undertaking and Delay. Applicants who gave a solemn undertaking to vacate premises by 31st December 2016 and violated it cannot be permitted to resile from consent terms after 12 years.

The case arises from a long-standing eviction dispute. The respondent-plaintiff (licensor) instituted S.C. Suit No. 869 of 1975 against the applicants...

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Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

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Supreme Court Upholds Decision That Compromise Decree in Lease Renewal Dispute Is Merely Declaratory. Direction to Vacate Held Ineffective; Lessor Cannot Unreasonably Withhold Consent for Renewal Under Original Lease Terms.

The case arose from an execution proceeding concerning a compromise decree in a suit for ejectment of lessees of a cinema house known as Uttam Talkies...

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High Court Dismisses Revision Against Consent Decree in Property Suit — Co-operative Society Cannot Challenge Compromise Without Impleading Chairman Alleged of Mala Fides. Consent decree under Order 23 Rule 3 CPC upheld as valid compromise binding on society.

The case involves a Civil Revision Application filed by Nira and Palm Product Producers Co-operative Society Ltd. and its Secretary, Director, and a m...

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Bombay High Court Dismisses Revision Against Execution of Compromise Decree in Specific Performance Suit — Jurisdiction Objection Waived by Consent Decree. Clause 22 of Agreement Conferring Jurisdiction on Pune Courts Held Binding Despite Property Location in Satara.

The applicant, M/s. Indrayani Foods Ltd., entered into an agreement to sell two properties in Satara district to the respondent, PamPac Machines Pvt. ...

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Matrimonial Dispute: Appellant's Offer of Lump Sum Alimony Upholds Supreme Court's Decree of Divorce

This case concerns a long-standing matrimonial dispute between the appellant-husband and respondent-wife, who have been separated since 2008. The marr...