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Gujarat High Court Quashes Attachment Order in Execution Proceedings Due to Lack of Notice Under Order 21 Rule 54 CPC. Petitioners' Property Attached Without Prior Notice Despite Being Third-Party Purchasers, Violating Principles of Natural Justice.

The petitioners, Shashikant Arvindkumar Rajput and others, filed a petition under Article 227 of the Constitution of India challenging an order dated ...

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Gujarat High Court Quashes Attachment Order in Execution Proceeding Due to Lack of Notice to Third-Party Purchasers. Attachment of properties purchased prior to decree set aside as executing court failed to issue notice under Order 21 Rule 54 CPC to bona fide purchasers.

The petitioners, Shashikant Arvindkumar Rajput and others, filed a Special Civil Application under Article 227 of the Constitution of India before the...

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Supreme Court Allows Appeals in Urban Land Ceiling Case — Upholds Vesting of Land in State and Rejects Ownership Claim. The Court held that the plaintiffs failed to prove their title and that the suit was barred by res judicata and limitation.

The case involves a dispute over land bearing No.73, Canal Circular Road, Calcutta, which was part of a larger parcel of land. The plaintiffs, claimin...

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Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

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Bombay High Court Allows Second Appeal in Injunction Suit Involving Lis Pendens Transfer. Transfer of Suit Property During Pendency of Appeal Attracts Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882.

The respondent filed a suit for injunction against Mohd.Osman, which was decreed on 1.4.2006. Mohd.Osman appealed on 15.4.2006. During the pendency of...