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Supreme Court Allows Appeals in Land Ownership Dispute, Quashing Bombay High Court PIL Judgment. Revenue Minister's Recall of Ex Parte Order Upheld as Violative of Natural Justice Under Section 258 Maharashtra Land Revenue Code, 1966, and Appellants' Title Established Based on 1894 Deed.

The appeals arose from a Bombay High Court judgment in a Public Interest Litigation concerning ownership of land admeasuring 5 acres and 20 gunthas in...

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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Plaint and Amendment in Specific Performance Suit — Consent Decree Not Binding on Third Party. Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

The petitioner, Bharat Mulji Khona, was the defendant in a suit for specific performance filed by M/s. Fiza Construction Company (respondent no.1) see...

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Bombay High Court Allows Second Appeal in Land Dispute — Restores Trial Court Decree Due to Procedural Error by Lower Appellate Court. Lower Appellate Court Could Not Modify Decree While Dismissing Appeal Without Cross-Objection Under Code of Civil Procedure, 1908.

The case involves a second appeal before the Bombay High Court at Nagpur arising from a land dispute. The appellants, original defendant nos. 1, 2, 3,...

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Bombay High Court Dismisses Appeal in Property Partition Suit — Upholds Trial Court's Refusal to Reopen Consent Terms. Consent Terms Recorded in Earlier Suit Are Binding and Cannot Be Reopened Without Proof of Fraud or Collusion Under Order 23 Rule 3 of CPC.

The appellant, Mrs. Geeta Patkar, filed First Appeal No. 18 of 2014 against the judgment and order of the trial court in Special Civil Suit No. 55 of ...

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Bombay High Court Dismisses Appeal Seeking Enforcement of Consent Terms Against Non-Signatory Defendant in Debenture Dispute. Interpretation of Consent Decree Held That Clause 11(a) Obligation to Pay Was Only on Defendant No.5, Not Defendant No.6, Who Was Not a Party to the Consent Terms.

The case involves two appeals filed by the original Defendant No.5 (Dewanchand Ramsaran Trading Pvt. Ltd. and others) against a common order of the le...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

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Bombay High Court Dismisses Appeal Against Notice to Show Cause in Execution of Consent Decree — Order 21 Rule 22 CPC Notice Upheld as Procedural Step Not Final Adjudication.

The case arises from an appeal filed by Dr. Amir Fidahusain and others against an order dated 12th June, 2006 passed by a learned single Judge of the ...