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Bombay High Court Allows Second Appeal in Property Dispute Over Unsigned Agreement to Sell. Agreement to Sell Lacks Signature of Purchaser, Thus Unenforceable and Cannot Confer Title or Possessory Rights.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment of the first appellate court which had set aside ...

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Madras High Court Allows Appeal in Specific Performance Suit — Plaintiff Proves Readiness and Willingness. Agreement to Sell Dated 24.05.2002 for Rs.5,50,000 with Rs.5,00,000 Advance — Defendants Failed to Execute Sale Deed Despite Notice.

The appellant/plaintiff filed a suit for specific performance of a sale agreement dated 24.05.2002, wherein the defendants agreed to sell suit propert...

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Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection.

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challeng...

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High Court of Karnataka Quashes Impounding Order in Stamp Duty Dispute — Agreement of Sale Not Required to Be Stamped as Conveyance. Deficit Stamp Duty and Penalty Set Aside as Agreement of Sale Is Not a Deed of Conveyance Under Karnataka Stamp Act, 1957.

The petitioner, Vinod Sequeira, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an interlocutory order dated...

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Bombay High Court Dismisses Revision Against Execution of Preliminary Decree Under Specific Relief Act — Preliminary Decree for Specific Performance Is Executable Without Separate Final Decree Proceedings

The petitioner, claiming to be Opponent No.4 in Regular Darkhast No.25/2009 pending before the Civil Judge, Junior Division, Pathardi, filed a Civil R...

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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.

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...

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High Court of Karnataka Allows Petition Challenging Impleadment Order in Specific Performance Suit — Purchaser Pendente Lite Not a Necessary Party Under Order 1 Rule 10 CPC. Doctrine of Lis Pendens Binds Transferee to Decree, Making Impleadment Unnecessary.

The petitioner, Sri T.S. Mahadevaiah, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 17.1.20...