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Search Results for "specific performance"

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High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Specific Performance Suit — Maintainability of Civil Suit Not Barred by Senior Citizens Act, 2007. Order 7 Rule 11 CPC Rejection Set Aside as Plaint Disclosed Cause of Action and Bar Under Section 23 of Senior Citizens Act Not Applicable to Agreements Prior to Act.

30 Jun 2022

The appellant/plaintiff filed a suit for specific performance of contract of sale, alleging that the respondent/defendant executed a registered agreem...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order Refusing to Implead Parties in Suit for Specific Performance — Petitioner Lacks Direct Interest in Property and Cannot Compel Performance of Contract Between Others.

24 Jun 2022

The petitioner, Sri K. Lakshmaiah Reddy, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 22.02.2022 p...

High Court

Bombay High Court Partly Allows Appeal in Specific Performance Suit — Modifies Interest Rate on Refund of Earnest Money. Court holds that in absence of pleading and evidence of commercial transaction, interest under Section 34 CPC at 6% per annum from date of suit is appropriate, not from date of agreement.

29 Nov 2013

The respondent (original plaintiff) filed a suit for specific performance of a contract for sale of property, or in the alternative, for refund of ear...

High Court

Bombay High Court Allows Development Work in Specific Performance Suit Based on Oral Agreement — Interim Injunction Granted to Protect Plaintiff's Possession and Development Rights Pending Trial. The Court held that the Plaintiffs had made out a strong prima facie case for specific performance of an oral agreement for sale of an undivided share in immovable property, and the balance of convenience favoured granting interim relief to carry out development work.

11 Nov 2013

The Plaintiffs, Man Chandak Developers Pvt. Ltd., filed a suit for specific performance of an oral agreement entered into with late Shri Mangilal Gula...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Plea in Specific Performance Suit — Non-joinder of Co-purchaser Cured by Amendment. Court held that objection to non-joinder under Order I Rule 1 CPC was belated and plaint cannot be rejected under Order VII Rule 11 CPC after amendment allowed.

17 Oct 2013

The case arises from a civil revision application filed by the defendants (petitioners) challenging an order dated 24th January 2012 passed by the tri...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

30 Nov -0001

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine and Enforceable. Court upholds trial court's finding that the plaintiff failed to discharge burden of proving the agreement and readiness and willingness to perform.

30 Nov -0001

The appellant, Merit Magnum Constructions (formerly Vimal Buildings), a partnership firm, filed a suit for specific performance of an agreement to sel...

High Court

Bombay High Court Allows Builder's Appeals Against Interim Injunction in Specific Performance Suits — Agreements to Sell Not Concluded as Essential Terms Remained Unsettled. The court held that without a concluded contract, no prima facie case exists for interim injunction under Specific Relief Act, 1963.

30 Nov -0001

The appellant, M/s Rupji Constructions, a partnership firm engaged in construction business, entered into several agreements to sell with various flat...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit, Restrains Subsequent Purchaser from Alienating Property During Pendency of Suit. Doctrine of lis pendens under Section 52 of Transfer of Property Act, 1882 applies to subsequent purchaser who bought property during pendency of suit for specific performance.

9 Oct 2013

The appellant, M/s. Rehab Housing Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 16 April 2006 against the original o...

High Court

Bombay High Court Dismisses Appeal in MOFA Agreement Dispute Due to Delay and Conduct — Termination of Agreement Upheld as Plaintiffs Failed to Seek Timely Interim Relief.

25 Oct 2013

The appellants, Purnimakumari Dharmendra Jain and Dharmendra Khetalal Jain, filed a suit in the Bombay High Court seeking a declaration that an agreem...

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