Search Results for "third party purchaser"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "third party purchaser"

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High Court

Bombay High Court Allows Petitioner to Redeem Mortgage in Co-operative Bank Recovery Proceeding — Auction Sale Set Aside Due to Non-Compliance with Section 101 of Maharashtra Co-operative Societies Act, 1960. Court held that the bank failed to follow the mandatory procedure under the Act and the recovery certificate was not properly executed, entitling the petitioner to redeem the property by paying the outstanding dues.

20 Jul 2006

The petitioner, Niranjan D. Woody, owned a plot of land in Santacruz with a building containing a residential flat and eight tenants. He availed an ov...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

2 Aug 2023

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

High Court

Bombay High Court Sets Aside Municipal Corporation's Attachment and Auction of Property for Non-Compliance with Statutory Notice Requirements under Bombay Municipal Corporation Act, 1888. The court held that failure to serve notice under Section 206 of the BMC Act renders the entire recovery proceedings illegal and void.

8 Sep 2010

The original plaintiff, Champaklal Shah, filed a suit in 1986 seeking a declaration that the warrant of attachment dated 26th September 1983 and the s...

Supreme Court

Supreme Court Allows BSFC Appeal, Upholds Auction Sale Under Section 29 of SFC Act Despite Concurrent Findings of Trial Court and High Court. Borrower's Persistent Default and Failure to Discharge Liability Justifies Corporation's Statutory Power to Sell Mortgaged Property Without Interference by Civil Court.

1 Jan 2026

The case involves an appeal by the Bihar State Financial Corporation (BSFC) against a judgment of the Patna High Court which affirmed a trial court de...

High Court

Bombay High Court Allows Appeal From Order in Tenancy Dispute — Purchaser's Rights Protected Pending Final Adjudication of Tenancy Proceedings. The Court held that the civil suit seeking declaration of sale deed as void is not barred under Section 58-B of the Goa Agricultural Tenancy Act, 1964, as the purchaser is not a tenant and the dispute involves title, not tenancy.

17 Mar 2021

The case involves a dispute over agricultural land in Goa. The respondents (tenants) claim to be statutory tenants under the Goa Agricultural Tenancy ...

Supreme Court

Supreme Court Dismisses Appeal in Pre-emption Case, Holding Limitation Runs from Each Sale Under Rajasthan Pre-Emption Act, 1966. Each Sale of Property Gives Fresh Cause of Action for Pre-emption, and Failure to Challenge Earlier Sales Does Not Bar the Right Under Article 97 of Limitation Act, 1963.

13 Oct 2020

The appeal arose from a suit for pre-emption filed by the predecessor-in-interest of respondent No.1 (original plaintiff) against the appellant and ot...

Supreme Court

Supreme Court Allows Appeals Against Condonation of 586-Day Delay and Grant of Leave to Appeal to Pendente Lite Purchasers in Specific Performance Suit. The Court held that subsequent purchasers who purchased property during pendency of suit and in violation of injunction cannot claim bona fide status and have no right to appeal after their impleadment application was rejected and became final.

1 Jan 2025

The case involves appeals by the original plaintiffs (H. Anjanappa & Ors.) against an order of the Karnataka High Court condoning a delay of 586 days ...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application Under Order VII Rule 11 CPC in Suit for Specific Performance. Court Holds That Agreement to Sell Need Not Be Registered Under Maharashtra Stamp Act for Purposes of Order VII Rule 11 CPC, and That Questions of Limitation and Valuation Are Mixed Questions of Fact and Law Not Decided at Threshold.

28 Mar 2023

The petitioner, Vijay Shivram Pathare, filed a Civil Writ Petition under Article 227 of the Constitution of India challenging the order dated 8th Augu...

Supreme Court

Supreme Court Allows Specific Performance Appeal in Land Sale Dispute — Agreement to Sell Valid Despite Non-Registration and Subsequent Alienation. The court held that the appellants paid full consideration, took possession, and were ready and willing; subsequent sale deeds executed in violation of injunction are void.

12 Nov 2024

The dispute pertains to six suits for specific performance of an Agreement to Sell dated 30.08.1990 executed by Sushila Devi in favour of the appellan...

High Court

Bombay High Court Dismisses Petition Challenging Impleadment of Promoter in Co-operative Dispute Under Section 94(3)(c) MCS Act. Co-operative Court's Power to Implead Parties Is Not Restricted to Persons Enumerated Under Section 91(1)(a) to (e) and Includes Necessary Parties for Effective Adjudication.

8 Jul 2026

The petitioners, members of Bramha Suncity Co-operative Housing Society Ltd., filed Dispute No.106/2021 before the Co-operative Court under the Mahara...

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