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Search Results for "defendant hearing"

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High Court

Bombay High Court Adjudicates First Appeal Against Dismissal of Suit for Specific Performance. Cross Objection Filed by Defendants Challenges Direction to Repay with Interest.

21 Nov 2015

The matter arose from a suit for specific performance filed by M/s. Gold Touch Real Estate Private Limited, a real estate developer, against six respo...

High Court

Bombay High Court Upholds Temporary Injunction in Property Dispute Based on Agreement to Sell and Possessory Rights. Court Restrains Defendant from Alienating Suit Property or Acting on Assignment Deed, Directs Plaintiff to Pay Accommodation Charges to Tenants.

8 Nov 2023

The dispute pertains to a property known as 'Sharda Niwas' in Goregaon, Mumbai. The plaintiff, Jagdish Harkishan Sharma, claimed to have entered into ...

High Court

Bombay High Court Allows Impleadment of Legal Heirs and Grants Leave to Continue Proceedings in Specific Performance Suit. Transfer of Property During Pendency of Lis Pendens Does Not Affect Rights of Parties Under Order 22 Rule 4 and Rule 10 CPC.

27 Aug 2014

The Plaintiff, Nirav Deepak Modi, filed Suit No. 1166 of 2006 for specific performance of an agreement for sale concerning a suit property. The suit w...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved Due to Lack of Independent Witnesses and Discrepancies in Evidence. The court upheld the dismissal of the suit for specific performance as the plaintiff failed to prove the execution of the agreement to sell and did not show readiness and willingness to perform the contract.

1 Apr 2026

The present First Appeal is filed by the heirs of the original Plaintiff challenging the Judgment dated 19th December 2007 passed by the Bombay City C...

High Court

Bombay High Court Dismisses Application for Amendment in Commercial IP Suit Due to Delay and Lack of Due Diligence. Amendment After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC as Plaintiffs Failed to Show They Could Not Have Raised the Matter Earlier.

30 Nov -0001

The present Interim Application No. 752 of 2024 was filed by the original plaintiffs, Ramnish Verma and Finesse Fashions Pvt. Ltd., in a pending Comme...

High Court

High Court of Karnataka Allows Appeal in Bank Recovery Suit Due to Failure to Prove Debt and Improper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the plaintiff bank failed to prove the debt and liability of the defendant, and the notice under Section 138 was not properly served, thus the suit for recovery was not maintainable.

30 Aug 2019

The appellant, K. Ravindra Shetty, was the defendant in a suit filed by Vijaya Bank for recovery of Rs. 3,20,835.20 with interest. The bank claimed th...

High Court

Bombay High Court Dismisses Notice of Motion for Injunction in Property Dispute — Plaintiffs Fail to Establish Prima Facie Case for Interim Relief. Court holds that mere pendency of suit does not entitle plaintiffs to injunction without showing strong prima facie case, balance of convenience, and irreparable loss.

5 Jun 2023

The present Notice of Motion was filed in 2015 in Suit No. 693 of 2015 by the plaintiffs, Sudha Aziz Jhaveri and others, seeking an interim injunction...

High Court

Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

26 Jul 2013

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

High Court

Karnataka High Court Allows Appeal in Partition Suit — Property Acquired by Father-in-Law Not Joint Family Property. Daughter-in-law cannot claim share in property purchased by father-in-law in name of son as it is not ancestral or joint family property under Hindu Succession Act, 1956.

7 Jun 2013

The case involves a Regular First Appeal filed by the second defendant against the judgment and decree of the trial court in a partition suit. The pla...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

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