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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine Due to Lack of Evidence of Execution.

The appellants, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 15th June 1981, allegedly executed by the res...

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Bombay High Court Dismisses Revision Against Order for Possession Under Order XXI Rule 95 CPC — Auction Purchaser Entitled to Delivery of Property from Judgment Debtors After Confirmation of Sale.

The applicants, original judgment debtors, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an o...

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Bombay High Court Allows Attachment of Decreetal Amount for Unpaid Legal Fees Under Order 38 Rule 5 CPC. Legal Practitioner's Claim for Professional Fees and Expenses Upheld as the Only Property of the Defendant Was the Decreetal Amount in Acquisition Proceedings.

The petitioner, a legal practitioner, filed a suit for recovery of unpaid professional fees and expenses amounting to Rs.1,42,975/- against the respon...

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Bombay High Court Allows Revision Application in Civil Suit — Upholds Right of Heirs to Seek Impleadment Under Order 22 Rule 4 CPC. Court holds that abatement of suit against deceased defendant does not automatically bar substitution of legal representatives if application is made within limitation.

The case arises from a civil suit filed by the respondents (original plaintiffs) against several defendants, including Balbhim Govind Deshpande (origi...

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Bombay High Court Dismisses Writ Petition Challenging Impleadment in Execution Proceedings. Executing Court's Order Allowing Impleadment of Legal Heirs Upheld Under Order 1 Rule 10 CPC Despite Prior Deletion Based on Release Deed.

The petitioner, Bhausaheb Dattatray Patil, was the original owner of the suit property. He filed Regular Civil Suit No.95 of 1985 for possession again...

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Bombay High Court Dismisses Petition Challenging Rent Order Under Maharashtra Rent Control Act — Tenant's Eviction Upheld for Non-Payment of Rent. Court Held That Rent Controller's Order Directing Deposit of Rent and Mesne Profits Was Justified and Not Requiring Interference Under Article 227.

The petitioner, Somnathappa s/o Nagnathappa Halge, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 05/...