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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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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 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 Appeal in Succession Act Case — Will Not Proven in Accordance with Indian Succession Act, 1925. Court held that propounder failed to prove due execution and attestation of will under Section 63 of the Indian Succession Act, 1925.

The appellant, Smt. Eugenia Rana, filed an appeal against the judgment and decree dated 30th April 1994 passed by the Civil Judge, Senior Division, Da...