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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Specific Performance Suit — Appellant Failed to Show Sufficient Cause for Non-Appearance Despite Knowledge of Proceedings.

The appellant, Dipak Development Corporation, a partnership firm, filed an appeal against the order of the City Civil Court, Mumbai, dismissing its ap...

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Bombay High Court Dismisses Petition Challenging Extension of Time for Deposit in Specific Performance Decree. Trial Court's Discretion Under Section 148 CPC to Enlarge Time Upheld Despite Default Clause in Decree.

The petitioners, M/s Armor's Developers Pvt. Ltd. and its director, challenged an order dated 4-12-2015 passed by the trial court in Special Civil Sui...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Partly Performed; Purchaser's Failure to Pay Balance Consideration and Objection to Private Survey Not Valid Grounds to Deny Decree.

The respondent (original plaintiff) and his five sisters were co-owners of agricultural land bearing Gat No.122 admeasuring 27 Ares at Village Marnewa...

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Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Development Rights — Agreement for Sale Not Enforceable Without Registered Conveyance Deed.

The appeal arises from a suit filed by the original plaintiff, Smt. Nirmala Dhandukhlal Thakkar, seeking a permanent injunction restraining the appell...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell for Rs. 1,10,000 with Rs. 1,000 Earnest Money; Plaintiff Proved Continuous Readiness and Willingness to Perform.

The case involves a suit for specific performance of an agreement to sell agricultural land. The plaintiffs (respondents) entered into an agreement wi...

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Bombay High Court Dismisses Petition Challenging Exclusion of Counterclaim in Specific Performance Suit. Counterclaim Based on Void Minor's Agreement and Barred by Limitation Under Order VIII Rule 6-A CPC.

The petitioner, Abhishek Boke, original defendant No.1, challenged the order of the trial court dated 24.6.2016 allowing the application (Exh. No.86) ...