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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...
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High Court

High Court of Karnataka Dismisses/Allows Appeal in Specific Performance Suit. Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Evaluated.

16 Apr 2021

This regular first appeal under Section 96 of the Code of Civil Procedure, 1908 challenged the judgment and decree dated 20.11.2012 passed by the Seni...

High Court

Madras High Court Allows Appeal in Specific Performance Suit — Time Not Essence of Contract but Plaintiff Must Prove Readiness and Willingness. Failure to Deposit Balance Amount and File Suit Within Limitation Period Bars Relief Under Section 16(c) of Specific Relief Act, 1963.

5 Mar 2026

The appellant/defendant Sebastian filed an appeal against the judgment and decree dated January 3, 2017 passed by the Principal District Court, Thiruv...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Finds Concurrent Findings Perverse for Ignoring Plaintiff's Readiness and Willingness. Agreement for Sale of Land at Amravati for Rs. 16,000/- with Earnest Money of Rs. 4,000/- — Courts Below Erred in Holding Plaintiff Not Ready and Willing Despite Evidence of Payment and Presence at Sub-Registrar's Office.

10 Feb 2014

The appellant (original plaintiff) filed a suit for specific performance of an agreement for sale of an open space with superstructure admeasuring 213...

High Court

High Court of Karnataka Allows Appeal for Specific Performance of Sale Agreement — Plaintiff Proved Readiness and Willingness to Perform Contract. The court held that the plaintiff was entitled to specific performance as he had deposited balance consideration and issued notice, satisfying Section 16(c) of Specific Relief Act, 1963.

6 Apr 2022

The appellant/plaintiff filed a suit for specific performance of an agreement of sale dated 12.09.2007 and 20.09.2007 for suit schedule property. The ...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Must Be Pleaded and Proved; Absence of Pleading and Evidence of Financial Capacity Leads to Dismissal of Suit.

6 Jul 2023

The appellant (defendant) appealed against the judgment and decree dated 27/03/2017 passed by the Senior Civil Judge and Principal J.M.F.C., K.G.F. in...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Upholds Trial Court Decree for Sale of Commercial Apartment. Agreement to Sell Dated 28.10.2004 for Rs.9,25,000 with Rs.8,50,000 Paid as Advance — Defendant Failed to Execute Sale Deed Despite Plaintiff's Readiness and Willingness.

11 Jan 2013

The appellant-defendant S. Kashinath challenged the judgment and decree dated 03.07.2010 passed by the 11th Additional City Civil Judge, Bangalore Cit...

High Court

Madras High Court Allows Appeal in Specific Performance Suit — Agreement Holder Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Must Be Established Throughout the Period of Contract Under Section 16(c) of the Specific Relief Act, 1963.

11 Feb 2026

The appeal arises from a suit for specific performance of an agreement of sale dated 10.06.2006. The plaintiff, T.K.Kandhaswamy, sought to enforce the...

High Court

High Court of Karnataka Dismisses Appeal for Specific Performance — Plaintiff Failed to Prove Readiness and Willingness and Suit Barred by Limitation. Agreement of Sale Dated 12.1.2000 Fixed Three Months for Execution; Suit Filed in 2003 Beyond Limitation Under Article 54 of Limitation Act, 1963.

24 Mar 2015

The appellant, V.P. Venkatesh, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 and Section 151 of the Code of Civil Procedure,...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Trust Property — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Charitable Trust Land Requires Sanction Under Section 36 of Maharashtra Public Trusts Act, 1950; Time Was Not of Essence but Plaintiff's Conduct Showed Lack of Readiness.

4 Mar 2015

The plaintiff, Bastion Constructions, a partnership firm engaged in building and development, filed a suit for specific performance of an agreement fo...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Concurrent Findings for Failure to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963. The court held that mere production of a cheque during evidence without other proof does not satisfy the requirement of readiness and willingness, and a plaintiff claiming additional payment beyond the agreement must prove it.

30 Sep 2022

The case involves a second appeal arising from a suit for specific performance of an agreement to sell. The appellant, original defendant no.1, challe...

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