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Bombay High Court Dismisses Petition for Recasting of Issues in Tenancy Suit — No Error in Trial Court's Discretion. The Court held that the trial court's refusal to recast issues under Order XIV Rule 5 CPC was not perverse or arbitrary, as the proposed issues were already covered by existing issues.

The petitioner, Mr. Jitendra B. Mehta, filed a suit (R.A.D. Suit No.804 of 2010) before the Small Causes Court at Bombay seeking a declaration of tena...

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Bombay High Court Dismisses Appellant's Second Appeals in Property Dispute Cases Due to Lack of Substantial Question of Law. Concurrent findings of fact by lower courts on encroachment and possession were upheld as not perverse under Section 100 of CPC, 1908.

The judgment pertains to two second appeals filed by the same appellant, Pandurang Dharma Gaikwad, against the respondent, Mahamudmuya Ahmadsaheb Pati...

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Bombay High Court Dismisses Writ Petition Challenging MHADA Eviction Order in Slum Rehabilitation Case. Court upholds MHADA's jurisdiction to evict unauthorized occupants from transit accommodation under Section 3M of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971.

The judgment pertains to a writ petition filed by 16 individuals who were occupants of transit accommodation in a building known as 'Sukh Sadan' in Go...

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Bombay High Court Dismisses Second Appeal in Property Suit for Declaration of Ownership and Possession — Concurrent Findings of Fact Not Disturbed. Sale deed of 1972 held not proved due to lack of execution and attestation evidence, and suit barred by limitation under Article 65 of Limitation Act, 1963.

The appellant-plaintiff, Mirabai Ramasare Pardeshi (since deceased, represented by legal representatives), filed Special Civil Suit No. 1853 of 1996 s...