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Search Results for "specific performance"

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High Court

Gujarat High Court Allows Second Appeal in Partnership Dispute Over Development Agreement — Upholds Appellant's Right to Specific Performance. Court holds that a development agreement coupled with possession constitutes a 'contract for sale' under Section 54 of the Transfer of Property Act, 1882, and is specifically enforceable.

18 Mar 2026

The case involves a dispute between M/s Star Land Developers (appellant) and Shri Mukundrai Meghjibhai Kamaliya and another (respondents) over a devel...

High Court

Gujarat High Court Allows Second Appeal in Specific Performance Dispute, Sets Aside Concurrent Findings for Non-Compliance with Order 2 Rule 2 CPC. The court held that a subsequent suit for specific performance is barred when the plaintiff earlier sued for injunction without claiming the consequential relief.

18 Mar 2026

The case involves a dispute between M/s Star Land Developers (appellant) and Shri Mukundrai Meghjibhai Kamaliya (respondent) concerning an agreement t...

High Court

Gujarat High Court Dismisses Appeal Against Decree of Specific Performance and Mesne Profits. Notarized but Unregistered Agreement to Sell Held Void Under Registration Act, 1908.

6 Mar 2026

The present appeal was filed under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 08.05.2024 passed by the ...

High Court

Madras High Court Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved, Plaintiff Failed to Establish Readiness and Willingness. The court set aside the decree for specific performance and refund of advance under the Specific Relief Act, 1963, as the plaintiff did not prove the execution of the agreement or his continuous readiness and willingness.

2 Apr 2026

The appeal arises from a suit for specific performance of an agreement of sale. The plaintiff/respondent claimed that on 14.09.2015, the defendants/ap...

High Court

Madras High Court Dismisses Second Appeals in Property Dispute Between Son and Father/Sister. Specific Performance Suit Dismissed as Agreement Not Proved; Injunction Suit Decreed in Favor of Father and Sister.

24 Apr 2026

The case involves two second appeals arising from cross-suits between a son (appellant) and his father and sister. The appellant filed a suit for spec...

High Court

Madras High Court Allows Second Appeal in Specific Performance Suit — Sets Aside First Appellate Court's Decree Due to Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

27 Apr 2026

The appellant/defendant, Thailammal, was the owner of the suit property. The respondent/plaintiff, Kalaivendan, filed a suit for specific performance ...

High Court

Madras High Court Allows Appeal by Decree-Holder in Specific Performance Execution, Setting Aside Executing Court's Order Allowing Third-Party Claim Under Order XXI Rule 58 CPC. Application Under Order XXI Rule 58 CPC Held Not Maintainable in Execution for Possession Without Attachment, and Successive Application Barred by Res Judicata.

30 Mar 2026

The appellant, V.M.Tamilselvan, was the plaintiff-decree holder in a suit for specific performance (O.S.No.622 of 2010) based on an agreement of sale ...

High Court

Gujarat High Court Allows Amendment of Plaint in Specific Performance Suit — Impleadment of Government Officers Permitted. Pre-Trial Amendment Liberally Allowed to Avoid Multiplicity of Litigation Under Order 1 Rule 10 and Order 6 Rule 17 CPC.

9 Mar 2026

The present petition was filed under Article 227 of the Constitution of India by the petitioners, who are the original plaintiffs in Special Civil Sui...

High Court

Gujarat High Court Allows Impleadment and Amendment in Specific Performance Suit — Trial Court Order Rejected. Proposed Parties in Possession Are Proper Parties Under Order 1 Rule 10 CPC, Their Impleadment Necessary to Avoid Multiplicity of Proceedings.

9 Mar 2026

The petitioners, original plaintiffs in Special Civil Suit No. 48 of 2010 pending before the 4th Senior Civil Court, Porbandar, filed a writ petition ...

High Court

Gujarat High Court Quashes Trial Court Order Rejecting Amendment in Suit for Specific Performance — Amendment Sought to Add Alternative Relief of Damages Held Not to Change Nature of Suit. The court held that adding an alternative relief of damages in a suit for specific performance does not change the nature of the suit and that the due diligence requirement under Order VI Rule 17 CPC applies only after trial has commenced.

24 Mar 2026

The petitioner, original plaintiff in Regular Civil Suit No.315 of 2019 pending before the 4th Additional Civil Judge, Bharuch, filed a Special Civil ...

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