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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings. Court holds that second wife and her children are entitled to share in joint family property as coparceners under Hindu Succession Act, 1956.

The case involves a partition suit filed by the first wife and her daughters against the husband and his second wife and children. The trial court and...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants, who were the plaintiffs in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challengin...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement for Sale Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The original plaintiff, Vijay Laxmipati Dasari (since deceased, represented by his legal heirs), filed a suit for specific performance of an agreement...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Decree Due to Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Plead and Prove Readiness and Willingness to Perform Contract.

The case involves a second appeal filed by the defendant (Peeraji) against the judgment and decree of the First Appellate Court which granted specific...

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Bombay High Court Dismisses Appeal Challenging Civil Court Jurisdiction in Co-operative Society Property Dispute. Jurisdiction of Civil Court upheld over Co-operative Court for disputes involving title and possession of immovable property, not management or business of society.

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dismissing three Notices of Motion taken out by the Sixth and Seve...