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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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Madras High Court Dismisses Appeal in Title Suit — Plaintiff Fails to Prove Title and Possession Over Suit Property. Declaration of Title Denied as Sale Deed Did Not Contain Approved Layout Plan and Plaintiff Failed to Establish Continuous Possession.

The appellant, T.S. Krishnamoorthy, filed an appeal against the dismissal of his suit O.S. No. 13520 of 2010 by the VII Additional Judge, City Civil C...

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Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...

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Bombay High Court Hears Suit for Specific Performance of Contract for Sale of Property at Bandra, Mumbai. Contractual Dispute Centers on Vendor's Obligation to Provide Vacant Possession and Marketable Title, and Validity of Sale of Minor's Share Without Court Permission.

Background: The suit pertains to a contract for sale of freehold land and structure at Bandra, Mumbai, entered into on 26 June 1993 between the plaint...

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Bombay High Court Dismisses Petition Seeking Return of Plaint in Specific Performance Suit, Holds Dispute Falls Within Commercial Dispute Definition. Agreement for Development of Land Involves Commercial Activity Under Section 2(1)(c)(vii) of Commercial Courts Act, 2015.

The petitioner, original defendant no.3(a) to 3(c) in a suit for specific performance of a development agreement dated 1st October 2014, filed a writ ...

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Bombay High Court Upholds Injunction Against Developer in Dispute Over Exhausted FSI and Conveyance Rights. Prima Facie, Developer's Attempt to Use TDR for Further Construction on Sector IV-A After Exhausting Consumable FSI Violates Cooperative Housing Societies' Right to Conveyance.

The Bombay High Court dealt with cross-appeals arising from an interim injunction granted in a suit filed by cooperative housing societies against the...

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Bombay High Court Admits Appeal Against Rejection of Interim Injunction in Suit Challenging Cancellation of Lease by Nagpur Improvement Trust — Dharmashala Allotment Dispute under Nagpur Improvement Trust Act, 1936

The appeal arose from the rejection of a temporary injunction application by the trial court in a suit filed by a charitable trust against the Nagpur ...