Search Results for "Conflicting decrees"

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Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

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Bombay High Court Allows Second Appeals in Property Dispute Over Conflicting Agreements to Sell. Registered Agreement to Sell Prevails Over Unregistered One Where Possession Was Delivered and Part Consideration Paid.

The case involves five second appeals arising from a property dispute over agricultural land at Mouje Bhagur. The suit property, Northern 1H 17R porti...

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Supreme Court Upholds Preliminary Objection and Dismisses Appeal of Pre-emptors in Punjab Pre-emption Act Case. Retrospective Amendment of Section 31 by Punjab Act 10 of 1960 Bars Pre-emption Decree for Proprietors, Following Ram Swarup v. Munshi.

The appeal before the Supreme Court arose out of two consolidated suits for pre-emption filed after a sale of agricultural land in June 1957. The appe...

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Bombay High Court Allows Consolidation of Cooperative Disputes for Joint Trial — Revision Order Upheld. Common questions of law and fact justified consolidation under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Tarkude Hotels Pvt. Ltd., filed a dispute (No.254/2006) before the Cooperative Court, Pune, against The Rupee Cooperative Bank Ltd. an...

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Supreme Court Rules Appeal Does Not Abate if Estate is Sufficiently Represented.

This judgment concerns two connected civil appeals arising from suits for specific performance and eviction. In Civil Appeal No. 172 of 2026, the High...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...