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Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Non-Joinder of Cotenant Not Raised Earlier. Joint Tenancy Claim Fails as Suit Against One Cotenant Maintainable Without Objection at Trial Stage.

The case involves a civil revision application filed by the tenants (applicants) against the concurrent decrees of eviction passed by the Small Causes...

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Bombay High Court Allows Appeal in Partition Suit — Co-owner Cannot Claim Adverse Possession Without Ouster. Preliminary Decree Set Aside for Failure to Determine Shares Under Hindu Succession Act.

The present appeal arises from a partition suit filed by the respondent (original plaintiff) against the appellant (original defendant) concerning anc...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Upheld. No substantial question of law found under Section 100 CPC, as courts below correctly decreed possession and mesne profits under Order XX Rule 12 CPC.

The case arises from a suit for possession and mesne profits filed by the original plaintiff (now represented by respondents) against the original def...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...

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Bombay High Court Dismisses Election Petition for Non-Compliance with Section 81(3) of Representation of the People Act, 1951 — Failure to Furnish Adequate Number of Copies Renders Petition Invalid.

The petitioner, Surendra Budhaji Borkar, filed an election petition under the Representation of the People Act, 1951, challenging the election of Nara...

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Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...

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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Suit — Appellants Failed to Establish Prima Facie Case for Injunction Against Alienation of Joint Family Property.

The appellants, Smt. Shubhangi Nandakishor Gaidhani and others, filed an appeal against an order of the trial court refusing to grant a temporary inju...