Search Results for "specific performance"

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Search Results for "specific performance"

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High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

17 Nov 2025

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

High Court

Bombay High Court Dismisses Petitioners' Challenge to Arbitration Award in Property Dispute — No Ground for Interference Under Article 227. Court upholds concurrent findings of fact by arbitrator and appellate tribunal regarding validity of agreements and possession.

7 Nov 2025

The judgment arises from three writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award and the appellate ord...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Execution of Sale Deed by BDA — Petitioner Failed to Implead Necessary Party and Sought Relief Beyond Writ Jurisdiction. Execution of a decree is a civil court function, not amenable to writ jurisdiction under Articles 226 and 227 of the Constitution of India.

17 Mar 2023

The petitioner, Joseph Raj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the Bangalore Develop...

High Court

Bombay High Court Allows Appeal in Property Dispute — Agreement for Sale Breach Found. Court held that plaintiffs made out a prima facie case for temporary injunction where defendant failed to perform obligations under agreement for sale.

24 Nov 2006

The appellants, Francisco Mascarenhas and Cecilia Carolina Mascarenhas, filed an appeal against an order of the Civil Judge, Senior Division, Quepem, ...

High Court

Bombay High Court Directs Expedited Trial and Status Quo in Specific Performance Suit — Appeal Against Refusal of Temporary Injunction Disposed of Without Merits Adjudication. Court declined to decide appeal on merits as trial evidence was already proceeding, directing trial court to complete hearing within two months and maintain status quo.

7 Nov 2006

The appellant, the unsuccessful plaintiff in a suit for specific performance, filed an appeal against the order of the Civil Judge, Senior Division, P...

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 Allows Appeal Against Dismissal of Attachment Before Judgment in Property Dispute — Order 38 Rule 5 CPC. The court held that the trial court erred in dismissing the application for attachment before judgment as the appellants had made out a prima facie case and the respondent was likely to dispose of the property.

7 Jul 2023

The appellants, who are the plaintiffs in O.S.No.160/2021, filed a suit seeking specific performance of a sale agreement dated 05.11.2018 executed by ...

High Court

High Court of Karnataka Dismisses Revision Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that the plaint discloses a cause of action and the suit is not barred by limitation, as the agreement to sell was executed in 2016 and the suit was filed in 2021 within the period of limitation.

4 Jul 2023

The petitioners, who were defendants No.5 and 6 in the original suit, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure...

High Court

Bombay High Court Grants Interim Injunction in Specific Performance Suits — Export Credit Guarantee Corporation of India Ltd. Restrains Trustees from Alienating Property. Prima Facie Case Established Based on Agreements and Possession; Balance of Convenience Favors Plaintiff.

26 Sep 2006

The plaintiff, Export Credit Guarantee Corporation of India Ltd., filed two suits for specific performance of agreements for sale of commercial units ...

High Court

High Court of Karnataka Dismisses Second Appeals in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and first appellate court's decree for specific performance and permanent injunction based on appreciation of evidence.

14 Dec 2023

The case involves three second appeals arising from a suit for specific performance and permanent injunction filed by Mohammed Sajjad Sait (plaintiff)...

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