Search Results for "section 53A"

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Supreme Court Dismisses Appeal in Property Dispute Over Execution of Decree — Doctrine of Merger and Extension of Time Under Section 148 CPC Upheld. Executing Court's Power to Extend Time for Deposit of Advance Money Not an Alteration of Decree When Appellate Court Did Not Fix Time Limit.

The present appeal arises from a property dispute concerning 'A' and 'B' schedule properties in Pondicherry. The appellant entered into a sale agreeme...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Partly Performed; Purchaser's Failure to Pay Balance Consideration and Objection to Private Survey Not Valid Grounds to Deny Decree.

The respondent (original plaintiff) and his five sisters were co-owners of agricultural land bearing Gat No.122 admeasuring 27 Ares at Village Marnewa...

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Bombay High Court Dismisses Appeal in Specific Performance Suit, Upholds Trial Court's Finding of Loan Transaction Instead of Sale Agreement. Agreement to sell held to be a security for loan, not a genuine sale agreement, and plaintiff failed to prove readiness and willingness to perform contract.

The petitioner, Smt. Shobha Janardhan Masram, filed a civil suit for specific performance of an agreement to sell dated 25-11-1994, claiming that the ...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Sale Deed Held as Security Not Absolute Sale. Transaction dated 25.3.1968 was without consideration and executed as security for advance, not an absolute sale.

The case involves a second appeal by the original plaintiff, Shripati Ramchandra Choudhari (since deceased, through his heirs), against the judgment a...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Section 53-A T.P. Act Defence Available to Possessor Under Agreement to Sell. Concurrent findings upheld that appellant-plaintiff failed to prove agreement void; respondent-defendants entitled to retain possession based on part performance.

The present second appeal was filed by the original plaintiff, Sakharam Laxman Mathane (since deceased, represented by his heirs), challenging the con...