Search Results for "section 96 CPC"

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Search Results for "section 96 CPC"

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High Court

Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Modifies Decree to Include Right of Residence for Defendant. Court holds that a co-owner in possession cannot be ousted without partition by metes and bounds, and that the trial court erred in granting a preliminary decree without considering the defendant's right of residence under Section 44 of the Transfer of Property Act, 1882.

9 Jun 2026

The appeal arises from a judgment and decree dated 28.02.2018 passed by the Fast Track Mahila Court, Dindigul, in O.S.No.65 of 2009, a suit for partit...

High Court

Madras High Court Allows Appeal in Specific Performance Suit — Agreement for Sale Found Not Genuine Due to Suspicious Circumstances and Unregistered Document. Court Holds That Plaintiff Failed to Prove Readiness and Willingness and That the Agreement Was Not a Valid Contract Under Section 16(c) of the Specific Relief Act, 1963.

5 Mar 2026

The appellant/defendant, Mohamed Haja Moideen, appealed against the judgment and decree dated 13.08.2018 passed by the District Court, Karaikal in O.S...

High Court

Gujarat High Court Dismisses State's Appeal in Contract Damages Case — Failure to Prove Breach and Loss. Trial court's finding that plaintiff failed to establish defendant's breach and quantum of damages under Section 96 CPC upheld.

25 Feb 2026

The State of Gujarat and another (appellants) filed a suit for recovery of damages against the contractor Anil J. Jhatakia (respondent) for alleged br...

High Court

Gujarat High Court Dismisses Appeal Against Rejection of Suit for Cancellation of Sale Deed Under Order 7 Rule 11 CPC. Suit for Cancellation of Sale Deed Barred by Limitation and Lacking Cause of Action as Sale Deed Executed with Full Consideration.

24 Feb 2026

The appellant, Ghanshyambhai Kashibhai Chavda, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment an...

High Court

Gujarat High Court Dismisses Appeal in Specific Performance Suit Due to Failure to Prove Possession and Readiness to Perform. The court upheld the trial court's dismissal of a suit for specific performance of a Banakhat dated 25.01.1995 under Section 16(c) of the Specific Relief Act, 1963, as the plaintiff failed to prove possession and readiness to perform.

23 Feb 2026

The appellant-plaintiff filed a suit for specific performance of a Banakhat (agreement to sell) dated 25.01.1995 executed by the defendant in respect ...

High Court

Madras High Court Dismisses Appeal in Money Recovery Suit Based on Unproven Sale Agreements. Plaintiff Failed to Establish Execution of Agreements or Payment of Advance Amount, Trial Court's Findings Upheld.

28 Jan 2026

The appellant, A. Mohammed Thariq, filed a First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908, against the j...

High Court

High Court of Karnataka Allows Withdrawal of Appeal in Specific Performance Suit — Memo for Withdrawal Accepted. Appeal under Section 96 CPC withdrawn by appellants without liberty to file fresh proceedings.

13 Feb 2019

The appellants, three individuals, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Share Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. MOU for Sale of Shares Held Not Enforceable as Plaintiff Did Not Show Financial Capacity to Pay Balance Consideration Within Stipulated Time.

22 Dec 2018

The appellants, plaintiffs in the suit, filed an appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment of the trial Court...

High Court

Bombay High Court Dismisses Condonation of Delay Application in Specific Performance Appeal — Limitation Period Not Extended by Pendency of Other Proceedings. The court held that the time spent in pursuing an application under Order IX Rule 13 CPC for setting aside an ex parte decree cannot be excluded for computing limitation for filing an appeal under Section 96 CPC against the original decree.

22 Dec 2018

The applicant, original defendant in a suit for specific performance of a Memorandum of Understanding dated 26-10-2007, faced an ex parte decree on 08...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint in Partition Suit — Court Holds That Rejection of Plaint Under Order 7 Rule 11 CPC Is Not a Decree and Therefore Not Appealable Under Section 96 CPC, but a Revision Lies Under Section 115 CPC.

29 Nov 2017

The petitioners, original defendants in a suit for partition and permanent injunction, challenged the order of the Civil Judge Senior Division, Ahmedn...

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