Search Results for "ownership basis"

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Bombay High Court Allows Petition to Refer Dispute to Arbitration in Family Settlement Matter. Dispute regarding implementation of Escrow Agent directions under Indenture of Family Settlement held arbitrable under Sections 5 and 8 of Arbitration and Conciliation Act, 1996.

The petitioners, Basant Lall Shaw and Arbind Kumar Jayaswal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

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Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963.

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing thei...

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Bombay High Court Dismisses Second Appeal in Injunction Suit Over Agricultural Land — Concurrent Findings of Fact Upheld. Court holds that no substantial question of law arises under Section 100 CPC when both lower courts have consistently found possession in favour of the plaintiff.

The case involves a second appeal filed by the original defendants (appellants) against a decree of injunction granted in favour of the original plain...

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Bombay High Court Allows Second Appeal in Property Dispute — Finds Concurrent Findings Not Perverse. The Court held that the compromise decree in earlier suit operated as res judicata and that the defendants failed to prove adverse possession.

The case involves a second appeal filed by the defendants-appellants against the judgment and decree of the District Judge, Solapur, confirming the de...

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Bombay High Court Dismisses Appeal in Suit for Declaration and Injunction — Failure to Prove Title and Possession. Court upholds dismissal of suit for declaration of ownership and injunction based on insufficient evidence of title and possession under the Specific Relief Act, 1963.

The appellants, Noorjahan and others, filed a suit for declaration of ownership and permanent injunction against the respondents in respect of a prope...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Amendment Seeking Declaration of Co-ownership Barred by Limitation. Section 58 of Limitation Act, 1963 applies to amendments introducing new claims after expiry of limitation period.

The case involves a second appeal arising from a suit for specific performance of an agreement for sale of immovable property. The original plaintiffs...

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Bombay High Court Allows Appeal in Specific Performance Suit — Injunction Granted Against Alienation of Property. Development Agreement for Cessed Building Confers Prima Facie Rights; Balance of Convenience Favors Developer.

The appeal arises from an order of a learned Single Judge declining relief in a Notice of Motion taken out by the appellants in a suit for specific pe...