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Bombay High Court Allows Second Appeal in Specific Performance Case — Readiness and Willingness Established. First Appellate Court erred in reversing trial court's decree for specific performance of agreement to sell agricultural land despite plaintiff's readiness and willingness to perform contract.

The dispute pertains to an agreement to sell agricultural land bearing Survey No.33, admeasuring 3H 23R, situated at village Udapur, Taluka Ner, Distr...

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High Court of Karnataka Adjudicates Appeal Against Dismissal of Specific Performance Suit Arising from Joint Development MOU; Developer Seeks Amendment to Include Refund Claim After Dismissal of Suit.

The appeal arose from a commercial suit for specific performance of a Memorandum of Understanding (MOU) dated 27.09.2004. The appellant, M/s Whitefiel...

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Bombay High Court Grants Specific Performance of Agreement to Sell Property Based on Consent Terms. Consent decrees passed against defendant heirs who stepped into shoes of original defendants, confirming plaintiff's right to specific performance of suit agreement.

The plaintiff, Virsen Balwantsingh Solanki, instituted Suit No. 1808 of 1981 in the Bombay High Court for specific performance of an agreement dated 2...

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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.

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

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Bombay High Court Allows Court Receiver's Report and Additional Report in Land Dispute — Directs Demarcation and Removal of Encroachments. Court upholds Receiver's authority to manage suit property and take steps to protect it from unauthorized development.

The case pertains to a long-standing dispute over land survey No.34/1 and 35/3 at Panchpakhadi, Thane. The appellants had challenged a trial court ord...

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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...