Search Results for "Collusive Decree"

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

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High Court of Karnataka Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The case involves two regular second appeals filed by the appellants, Chanderakant and Suryakant, against the respondents, who are legal representativ...

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Bombay High Court Upholds Relief from Lis Pendens in Specific Performance Suit — Transfer of Property Act Section 52. Court allows defendant to be relieved from lis pendens upon deposit of Rs.8 lakhs, balancing plaintiff's claim with defendant's right to deal with property.

The appeal arises from a judgment of a learned Single Judge dated 13 September 2013 in a motion taken out by the Appellant, the original Plaintiff, du...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Dated 1st October 1974 Proved; Appellant as Subsequent Purchaser Not Protected Under Section 19(b) of Specific Relief Act, 1963.

The case involves a second appeal filed by Sadashiv Ramchandra Arve (original defendant no.3) against the judgment and decree dated 2nd December 1992 ...

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Bombay High Court Allows Second Appeal in Specific Performance Case — Readiness and Willingness Established. First Appellate Court erred in reversing trial court's decree for specific performance of agreement to sell agricultural land despite plaintiff's readiness and willingness to perform contract.

The dispute pertains to an agreement to sell agricultural land bearing Survey No.33, admeasuring 3H 23R, situated at village Udapur, Taluka Ner, Distr...