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Bombay High Court Allows Petition in Cooperative Society Dispute — Upholds Ownership Claim Based on Possession and Payment of Consideration. Transfer of Shares and Interest in Favour of Petitioner Valid Under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Ashok s/o Bapurao Kadam, filed a dispute before the Cooperative Judge, Nanded, seeking a declaration of ownership and possession of a ...

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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 Absence of Independent Witnesses and Discrepancies in Evidence.

The petitioner, Ashok Maruti Dake, filed a suit for specific performance of an agreement to sell dated 15-06-1992 allegedly executed by the original d...

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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Agreement to Sale Not Proved as Defendants Denied Execution and Plaintiffs Failed to Establish Readiness and Willingness.

The present second appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a suit for specific performance of an agreement to sale ...

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Gujarat High Court Allows Appeal in Specific Performance Suit, Sets Aside Decree for Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Prove Readiness and Willingness to Pay Balance Consideration, Rendering Specific Performance Unwarranted.

The case involves a First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the original defendant No. 2 (appellant) challenging ...

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Gujarat High Court Allows Amendment Application in Specific Performance Suit — Trial Court's Rejection Set Aside. Amendment to Incorporate Subsequent Events and Additional Reliefs Does Not Change Nature of Suit Under Order VI Rule 17 CPC.

The petitioner, M/s Uday Autolink Pvt. Ltd., was the original plaintiff in Special Civil Suit No. 240/2016 pending before the Second Additional Senior...

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Bombay High Court Allows Appeal in Specific Performance Suit, Sets Aside Interim Injunction. Agreement for Lease Contingent on Occupation Certificate Not Specifically Enforceable.

The appellant, Associated Bombay Cinemas Private Limited, as landlord, entered into an agreement dated 14 August 1997 with the respondent, Jamni S. Ra...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement of Sale Held as Loan Transaction. Appellate Court's decree for refund set aside; Trial Court's decree for specific performance restored.

The appellant, Sopan Baruku Patil, filed a suit for specific performance of an agreement of sale dated 15-6-1981 against Satyanarayan Govindram Rathi ...

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Gujarat High Court Allows Appeal Against Rejection of Plaint in Suit for Specific Performance and Cancellation of Sale Deed. Order VII Rule 11 CPC Application Dismissed as Plaint Disclosed Cause of Action and Was Not Barred by Limitation.

The present appeal was preferred by the appellants, original plaintiffs, under Section 96 of the Code of Civil Procedure, 1908, against the impugned J...

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Gujarat High Court Allows Appeal Against Rejection of Plaint in Specific Performance Suit — Limitation Period Runs from Date of Knowledge of Breach. Agreement to Sell Executed in 2014, Suit Filed in 2024 Held Not Ex-Facie Time-Barred as Plaintiff Discovered Sale to Third Parties Only on 17.01.2024.

The appellant-plaintiff filed a suit for specific performance of an agreement to sell dated 03.05.2014 for land bearing Survey No.914/2/3 at Mouje Vat...