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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Bombay High Court Dismisses Petition Challenging Execution of Possession Warrant in Specific Performance Decree. Decree for Specific Performance Implicitly Includes Possession Even Without Express Direction, and Executing Court Can Issue Warrant After Sale Deed Execution.

The petitioner, Baliram Kakde, challenged an order dated 13.06.2018 passed by the executing Court in RD No.38 of 2015, which allowed the application f...

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Bombay High Court Dismisses Delay Condonation Application in Specific Performance Suit — Unexplained Delay of Over 8 Years Not Condonable. Cross-Objection Filed After 3015 Days Without Sufficient Cause Rejected Under Section 5 of Limitation Act, 1963.

The judgment pertains to an application for condonation of delay of 3015 and 3166 days in filing cross-objection in Second Appeals No. 658/2007 and 70...

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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Possession and Damages. Defendant's Possession Not Protected Under Section 53A of Transfer of Property Act, 1882 Due to Breach of Contract and Non-Performance.

The case involves a second appeal filed by the original plaintiff, Deorao Balaji Bhoyar (since deceased, through legal representatives), against the j...

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High Court of Karnataka Allows Petition Challenging Impleadment Order in Specific Performance Suit — Purchaser Pendente Lite Not a Necessary Party Under Order 1 Rule 10 CPC. Doctrine of Lis Pendens Binds Transferee to Decree, Making Impleadment Unnecessary.

The petitioner, Sri T.S. Mahadevaiah, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 17.1.20...