Search Results for "specific performance"

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Search Results for "specific performance"

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High Court

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.

9 Oct 2013

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...

High Court

Bombay High Court Dismisses Appeal for Interim Relief in Specific Performance Suit — Minutes of Meeting Not a Concluded Contract. Court holds that minutes recording discussions and basic terms, without payment or execution of sale deed, do not constitute a concluded contract warranting interim protection under Specific Relief Act, 1963.

19 Oct 2013

The appellant, Bharat Petroleum Corporation Limited (BPCL), filed a suit for specific performance of an alleged agreement for sale of property against...

High Court

Bombay High Court Dismisses Appeals Against Interim Injunction in Property Dispute — Status Quo Vacated and Injunction Granted to Protect Possession Pending Suit. The court upheld the trial court's finding that the respondents had a prima facie case and balance of convenience in their favor, and that the appellants failed to show any perversity or illegality in the impugned order.

23 Oct 2013

The case involves two appeals from order challenging a common order dated 11 February 2013 passed by the trial court in Special Civil Suit No. 577 of ...

High Court

Bombay High Court Dismisses Appeals Against Injunction in Specific Performance Suit — Agreement to Sell Not Concluded Due to Unfulfilled Conditions Precedent. The court held that the agreement was subject to conditions precedent and the plaintiffs failed to show readiness and willingness, but balance of convenience favored maintaining status quo.

30 Nov -0001

The appellant, M/s Mahavir Associates, a partnership firm, filed appeals against an order of the Trial Court granting temporary injunction in favor of...

High Court

Bombay High Court Allows Withdrawal of Suit for Specific Performance in Property Dispute — Petitioner Permitted to Delete Defendants Who Sold Their Share During Pendency. Agreement dated 20.10.1982 disputed as forged by respondents; court permits deletion of defendants who executed sale deeds during suit.

19 Oct 2013

The petitioner, Srikant Balwant Nalawade, filed Regular Civil Suit No.92 of 2007 before the Civil Judge, Senior Division, Jaisingpur, seeking specific...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Injunction Granted Against Alienation of Property. Development Agreement for Cessed Building Confers Prima Facie Rights; Balance of Convenience Favors Developer.

23 Sep 2013

The appeal arises from an order of a learned Single Judge declining relief in a Notice of Motion taken out by the appellants in a suit for specific pe...

High Court

Bombay High Court Dismisses Impleadment Application in Specific Performance Suit — No Right, Title or Interest in Suit Property at Time of Agreement. Subsequent purchaser/developer not entitled to be impleaded under Order 1 Rule 10 CPC as decree would bind them.

20 Sep 2013

The Bombay High Court dismissed a chamber summons filed by M/s Space Developer, a registered partnership firm, seeking impleadment as a party defendan...

High Court

High Court of Karnataka Dismisses Petition Challenging Trial Court Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that the petitioner's explanation for non-appearance was not satisfactory and the application under Order 9 Rule 13 CPC was rightly dismissed.

13 Dec 2022

The present writ petition was filed by the legal representatives of the original plaintiff (since deceased) challenging the order dated 30.09.2016 pas...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance and Appointment of Court Receiver in Redevelopment Dispute — Development Agreement Not Binding on Society as It Was Not Duly Executed by Authorised Office Bearers. The court held that a development agreement executed without proper authorisation by the society's managing committee is void and not binding on the society or its members.

26 Aug 2013

The plaintiffs, M/s. Akash Pruthvi Lifestyle, a registered partnership firm engaged in development and redevelopment projects, filed a suit seeking a ...

High Court

Bombay High Court Dismisses Petitioners' Challenge to Ex-Parte Decree in Specific Performance Suit — Upholds Trial Court's Refusal to Set Aside Decree Due to Delay and Lack of Sufficient Cause. The court held that the application under Order IX Rule 13 CPC was time-barred and that the petitioners failed to demonstrate any valid reason for their absence in the suit.

30 Nov -0001

The case involves a writ petition and a civil revision application filed by the petitioners, who were defendants in a suit for specific performance of...

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