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Bombay High Court Dismisses Developer's Appeal Against Injunction Restraining Unauthorized Construction of Additional Floors. Purchaser's Right to Seek Injunction Upheld Where Developer Alters Building Character Without Consent and Fails to Form Society as Agreed.

The appeal arises from a suit filed by the respondent (original plaintiff) against the appellant (original defendant) seeking a permanent injunction r...

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Bombay High Court Dismisses Petition Challenging Amendment in Specific Performance Suit. Amendment to incorporate subsequent events and additional reliefs was held permissible under Order VI Rule 17 CPC as it did not change the nature of the suit.

The petitioner, original defendant No.5 in a suit for specific performance of agreements dated 19/4/1992 and 20/11/1992 concerning lands bearing Surve...

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Bombay High Court Dismisses Suit for Specific Performance of Land Outside Jurisdiction Despite Leave Under Clause XII. Clause XII Leave Cannot Confer Jurisdiction Where Entire Cause of Action Arises Outside Original Civil Limits.

The plaintiffs filed a suit for specific performance of an oral agreement for sale of agricultural land situated at Aundh, Pune, which is outside the ...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Agreement to Sell Not Proved Due to Unreliable Evidence and Failure to Examine Attesting Witnesses.

The petitioners, who were the original defendants in a suit for specific performance of an agreement to sell, challenged the concurrent findings of th...

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Bombay High Court Dismisses Petition Challenging Amendment in Plaint and Agreement in Specific Performance Suit. Court Has Power Under Section 26 of Specific Relief Act, 1963 to Rectify Instrument to Correct Clerical Error in Gat Number.

The present writ petition was filed by the original defendant challenging the order of the trial court allowing the plaintiff's application for amendm...

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Bombay High Court Dismisses Writ Petitions Challenging Concurrent Findings in Specific Performance Suit — Agreement to Sell Not Proved Due to Lack of Independent Witnesses and Discrepancies in Evidence.

The petitioner, Narmadabai Baburao Harde, filed two writ petitions under Article 227 of the Constitution of India challenging the concurrent judgments...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Suit for Specific Performance — No Fraud or Collusion Found in Consent Terms Filed by Counsel. Consent decree upheld as valid and binding under Order XXIII Rule 3 CPC.

The petitioners, Dhanaji Kashinath Shendkar and others, filed writ petitions challenging a consent decree passed in a suit for specific performance. T...