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Supreme Court Dismisses Appeal in Specific Performance Suit, Upholds Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness for specific performance, but defendant must refund earnest money with 12% interest under Section 22 of Specific Relief Act, 1963.

The appellant (plaintiff) entered into a sale agreement dated 19.03.2010 with the respondents (defendants) for purchase of property bearing Survey No....

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit — Partnership Firm Not a Necessary Party Under Order 30 CPC. The court held that Order 30 Rule 1 CPC is permissive and non-joinder of a partnership firm does not vitiate eviction proceedings against individual partners.

The applicant, a tenant (son of the original tenant), filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) ...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Proved by Attesting Witness and Part Performance Established, No Substantial Question of Law Arises Under Section 100 CPC.

The appellant, Muktumhussain Mehaboob Sab Bapunavar, was the fourth defendant in a suit for specific performance of an agreement of sale filed by the ...

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Bombay High Court Partially Allows Appeal in Specific Performance Suit — Restrains Creation of Third Party Rights but Refuses Possession Relief. Interim Injunction Under Order 39 Rules 1 and 2 CPC Granted Only to Protect Property from Alienation, Not to Disturb Existing Possession.

The appellant, Bapurao Khante, filed a suit for specific performance of an agreement of sale dated 15/05/2000 executed by the respondent, Bhagwan Khan...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Agreement to Sell Not Proved Due to Unreliable Evidence and Failure to Examine Attesting Witnesses.

The petitioners, who were the original defendants in a suit for specific performance of an agreement to sell, challenged the concurrent findings of th...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings on Validity of Sale Deeds Executed by Father in Favour of Daughter and Wife. Partition and Sale Deeds of 1972 Held Genuine and Binding on Son Who Failed to Prove Undue Influence or Fraud.

The case pertains to a property dispute arising from sale deeds executed by Hiralal in favour of his daughter Bhejanbai and his wife Thamabai on 30 Ju...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. No substantial question of law arises under Section 100 CPC as findings are based on evidence and not perverse.

The judgment involves four second appeals arising from a property dispute between Arun s/o Narayanrao Kale (original plaintiff) and the legal represen...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial and appellate courts' dismissal of suit for declaration of ownership and injunction, finding no substantial question of law under Section 100 CPC.

The case involves a second appeal filed by the original plaintiffs and some defendants against the judgment and decree of the District Judge, Ahmednag...

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High Court of Bombay Partly Allows Appeals in Land Acquisition Case — Enhances Compensation for Fruit Trees and Well. Market Value of Land Upheld at Rs. 12,000 Per Acre Under Section 23 of Land Acquisition Act, 1894.

The judgment pertains to five connected first appeals filed by landowners whose agricultural lands were acquired by the State of Maharashtra for a med...