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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Show Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The present second appeal was filed by the original plaintiffs (appellants) challenging the concurrent judgment and decree passed in Special Civil Sui...

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Bombay High Court Allows Writ Petition in Specific Performance Suit, Directs Expeditious Trial and Continuation of Status Quo Order. Court finds that appellate court erred in refusing temporary injunction despite revenue records showing plaintiffs' possession, and directs trial court to expedite the suit.

The petitioners, original plaintiffs, filed a suit for specific performance of an agreement dated 14.06.1986 along with a relief of injunction. During...

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Bombay High Court Dismisses Petition for Impleadment in Specific Performance Suit — Petitioners Not Necessary or Proper Parties Under Order I Rule 10(2) CPC. Leasehold Rights Acquired Pending Suit Are Subject to Lis Pendens and Do Not Entitle Impleadment.

The petitioners, Sandeep Ramesh Solanki and others, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 1...

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Bombay High Court Dismisses Judgment Debtors' Challenge to Execution of Decree for Specific Performance. Court Holds That Decree for Specific Performance Implicitly Includes Delivery of Possession Even Without Express Prayer.

The petitioners, who were judgment debtors in a suit for specific performance, challenged the order of the executing court overruling their objection ...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

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Bombay High Court Dismisses Petition for Impounding of Document in Specific Performance Suit — No Objection Raised at Time of Exhibition. Court holds that once a document is exhibited without objection, it cannot be impounded under Section 33 of the Maharashtra Stamp Act, 1958 at a later stage.

The petitioner, defendant No.4 in Special Civil Suit No.167 of 2012, filed a writ petition challenging the order dated 24.01.2019 passed by the 8th Jo...

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Bombay High Court Dismisses Writ Petition Challenging Civil Court Decree in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Article 227. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, Leading to Dismissal of Suit.

The petitioner, Malaga Realtors Private Limited, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and dec...

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Bombay High Court Dismisses Review Petition in Specific Performance Suit — No Error Apparent on Record Under Order 47 Rule 1 CPC. Promoter of Proposed Cooperative Society Held to Have Locus Standi to Sue for Specific Performance Despite Society Being Unregistered.

The case arises from a suit for specific performance of an agreement for sale dated 12 August 1981. The plaintiff, Respondent No.1, as chief promoter ...