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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — Plaintiffs Failed to Establish Prima Facie Case and Balance of Convenience. Court held that disputed questions of title and possession cannot be decided in injunction proceedings without proper evidence.

The present appeals arise from a property dispute between M/s Girdhar Creations and others (original plaintiffs) and Baban Baburao Rathare and others ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Failure to Prove Rebuttal Issue Leads to Decree. Appellate Court Erred in Overlooking That Defendant's Failure to Prove Issue No. 2 (Rebuttal) Entitled Plaintiff to Decree Based on Documentary Evidence.

The plaintiff filed a second appeal against the dismissal of his suit for specific performance of an agreement to sell property. The plaintiff and def...

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Bombay High Court Dismisses Appeal in Specific Performance Suit Due to Non-Prosecution and Lack of Evidence. Plaintiffs failed to prove readiness and willingness to perform contract for sale of immovable property.

The appellants, M/s. Balaji Constructions Co. and its partners, filed a suit for specific performance of an agreement to sell immovable property again...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Specific Performance Suit Based on Oral Agreement for Sale. Agreement to Sell Need Not Be in Writing If Followed by Part Performance Under Section 53A of Transfer of Property Act, 1882.

The present appeal arises from an order dated 6/11/2004 passed by the Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 201/2004, g...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine and Enforceable Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his fav...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Enforceable Despite Vendor's Death. Legal Representatives Bound by Contract Executed for Necessity, and Suit Filed Within Limitation Is Maintainable.

The case involves a second appeal filed by the defendants (appellants) against the judgment of the Third Extra Assistant Judge, Solapur, which confirm...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Amendment Seeking Declaration of Co-Ownership Barred by Limitation. The amendment sought to introduce a new case of co-ownership after the expiry of limitation period under Article 58 of the Limitation Act, 1963.

The case involves a Second Appeal filed by the original Defendant No.4 against the judgment of the Appellate Court which allowed an amendment to the p...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement for Sale Found Not Genuine and Unenforceable. The Court held that the agreement for sale dated 2nd June 1975 was not genuine and enforceable, reversing the concurrent findings of the courts below.

The case involves a second appeal filed by the original defendant, Rajubai w/o. Atmaram Dagade, against the judgment and decree of the lower appellate...