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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Agreement to Sell and Possession Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 of Code of Civil Procedure, 1908 unless perverse or based on no evidence.

The present second appeal was filed by the original defendant (since deceased, represented by legal heirs) challenging the concurrent judgments and de...

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Bombay High Court Allows Second Appeal in Property Dispute Over Unsigned Agreement to Sell. Agreement to Sell Lacks Signature of Purchaser, Thus Unenforceable and Cannot Confer Title or Possessory Rights.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment of the first appellate court which had set aside ...

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High Court of Karnataka Allows Revision Petition in Execution Proceedings for Specific Performance — Decree Holder Entitled to Enforce Compromise Award Despite Judgment Debtor's SC Status. Executing Court Cannot Go Behind Decree to Question Its Validity Under Karnataka SC/ST (PTCL) Act, 1978.

The petitioner, Shri Rahees Ahmed, was the decree holder in a suit for specific performance of an agreement of sale dated 10.01.2011 in respect of lan...

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High Court of Karnataka Allows Writ Petition Against Dismissal of Execution Petition Due to Mistake of Court — Decree Holders Not to Suffer for Court's Error. Mistake of Court Should Not Prejudice Litigant Under Section 47 CPC and Order 21 Rule 17 CPC.

The petitioners, decree holders in a civil suit for specific performance of four agreements to sell, obtained a decree on 12.04.1994 against the respo...

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Bombay High Court Dismisses Petition Challenging Order to Produce Original Document in Suit for Specific Performance — Court Holds That Production of Original Agreement Is Necessary for Adjudication of Rights Under Section 16(c) of the Specific Relief Act, 1963.

The petitioners, legal heirs of the original defendant Sharad, challenged an order dated 20/2/2012 passed by the 3rd Joint Civil Judge, Senior Divisio...

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Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...

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Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement to Sell Flat. Oral Agreement for Sale of Immovable Property Not Enforceable Due to Lack of Written Contract and Part Performance Under Section 53A of Transfer of Property Act, 1882.

The plaintiff, Nirav Deepak Modi, filed a suit for specific performance of an oral agreement allegedly entered into with defendant No.1, Najoo Behram ...