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Search Results for "specific performance"

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High Court

Bombay High Court Dismisses Appellant's Appeals in Property Dispute — Confirms Concurrent Findings of Trial and Appellate Courts on Title and Possession. Registered Sale Deed Claim Fails as Respondents' Suit for Specific Performance Decreed and Appellant's Suit for Possession Dismissed.

13 Jan 2016

The case involves a property dispute between the appellant, Ramchandra Govindrao Kottawar, and the respondents, Mrs. Dorpadabai Appasaheb Dodmani and ...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Arbitral Award in Property Dispute — Upholds Award of Specific Performance and Damages. Court holds that findings of fact by arbitrator on execution of agreement and readiness to perform are not open to interference under Section 34 of Arbitration and Conciliation Act, 1996.

30 Dec 2020

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award passed by the Arbitral Tribuna...

High Court

Bombay High Court Dismisses Writ Petition Challenging Decree for Specific Performance of Sale Agreement — Concurrent Findings of Readiness and Willingness Upheld Under Section 16(c) of Specific Relief Act, 1963. The court held that the plaintiffs had proved continuous readiness and willingness to perform the contract and that the suit was within limitation.

30 Nov -0001

The petitioners, original defendants, challenged the concurrent decrees for specific performance of an agreement to sell dated 15.06.1981. The plainti...

High Court

Bombay High Court Dismisses Suit for Declaration of Ownership and Possession of Flat Based on Agreement for Sale — Plaintiff Failed to Prove Payment of Full Consideration and Possession, and Suit Barred by Limitation. Agreement for Sale Does Not Confer Ownership Without Registered Conveyance; Suit for Specific Performance Barred by Limitation Under Article 54 of Limitation Act, 1963.

24 Nov 2015

The Plaintiff, Niraj Wishwanath Kochhar, filed a suit in the Bombay High Court seeking a declaration of ownership and possession of a flat in Mumbai, ...

High Court

Bombay High Court Upholds Injunction in Specific Performance Suit Based on Possessory Evidence. Lower Appellate Court's Reversal of Trial Court's Finding on Possession Upheld as a Possible View.

26 Oct 2015

The dispute arose out of Special Civil Suit No. 24 of 2014 filed by the respondent (plaintiff) against the petitioners (defendants) for specific perfo...

High Court

Bombay High Court Allows Appeal in Property Dispute Over Redevelopment Agreement — Appellant Entitled to Specific Performance of Flat Allotment. Court held that the appellant was entitled to the entire 830 sq. ft. flat as per the agreement, not merely 562.5 sq. ft. free of cost, and that the learned Single Judge erred in restricting the relief.

20 Oct 2015

The appellant, Kedar Chandrakant Berde, was the original plaintiff in a suit against Rishabraj Housing and Virangula Cooperative Housing Society Limit...

High Court

Bombay High Court Dismisses Appeal Against Single Judge Order in Suit for Specific Performance and Injunction — Court Receiver Directed to Hand Over Possession to Plaintiff. Held that the Court Receiver's appointment was proper and the appeal lacked merit.

27 Oct 2015

The appellants, who are partners of Crescent Builders, filed an appeal against an order of the learned Single Judge in Suit No.1512 of 2009. The Singl...

High Court

Bombay High Court Allows Writ Petition Against Order Directing Payment of Court Fee on Higher Valuation in Appeal. Court holds that valuation for court fee and jurisdiction are distinct, and appeal valuation is determined by the relief granted in the decree, not the market value of the property.

9 Sep 2015

The petitioner, Dr. Pramod Prakashchandra Banait, filed a writ petition challenging an order dated 28/07/2014 passed by the Appellate Court (District ...

High Court

Bombay High Court Dismisses Petition Challenging Impleadment of Brothers as Legal Representatives in Specific Performance Suit. Definition of 'Legal Representative' Under Section 2(11) CPC Includes Persons Who Intermeddle with Estate or on Whom Estate Devolves, Not Limited to Class I Heirs.

29 Sep 2015

The petitioners, original defendants in Special Civil Suit No. 41 of 2010, challenged the trial court's order dated 01.12.2014 allowing an application...

High Court

Bombay High Court Allows Appeal in Part, Grants Refund of Advance with Interest in Specific Performance Suit for Lease Agreement. The court held that an oral agreement for lease cannot be specifically enforced due to limitation and lack of written evidence, but the advance paid must be refunded with interest.

22 Sep 2015

The appellants, original plaintiffs, filed a suit for specific performance of an oral agreement of lease and possession of a shop premises in Pune. Th...

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