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Search Results for "civil suit dismissal"

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High Court

Bombay High Court Allows Appeal Against Dismissal of Suit for Want of Prosecution Due to Non-Service of Defendants — Court Holds That Dismissal Under Order IX Rule 5 CPC Requires Willful Default or Negligence, Not Mere Failure to Serve. The court restored the suit, emphasizing that the plaintiffs had made efforts to serve the defendants and had filed a Chamber Summons for substituted service, which was pending.

29 Jan 2018

The appellants, M/s. Jain Developers and others, filed Suit No. 2808 of 2008 in the Bombay High Court seeking a declaration that there was a valid and...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell Land Due to Lack of Proof of Readiness and Willingness and Failure to Prove Agreement. The Court held that the plaintiff failed to establish the execution of the agreement and his readiness and willingness to perform his part of the contract, and the suit was barred by limitation.

29 Oct 2013

The appellant, Kanhaiyalal Motilal Talera, filed a suit for specific performance of an agreement to sell dated 28-03-1979, allegedly executed by Sarub...

High Court

Bombay High Court at Goa Dismisses Writ Petition and Appeals Against Arbitral Award in Contract Dispute — Upholds Validity of Arbitration Agreement and Award Under Arbitration and Conciliation Act, 1996. The court held that the arbitration clause was valid and the award was not contrary to public policy, rejecting challenges under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

30 Nov -0001

The case involves a dispute between the legal representatives of M/s. V. G. Quenim (a proprietary concern) and Smt. Vilasini Vassudev alias Manohar Gu...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement Not Proved and Time Not Essence. Plaintiff failed to establish execution of agreement for sale and readiness and willingness to perform, leading to dismissal of suit for specific performance.

30 Jun 2014

The appellant, Shaikh Hidayat, filed a suit for specific performance of an agreement for sale of property admeasuring about 11920 sq. mtrs. at Borda, ...

High Court

Madras High Court Upholds Decree for Possession in Trust Property Dispute — Limitation Period Computed from Dismissal of LPA, Not from Original Entry Date. Held That Suit for Possession Filed Within 12 Years of High Court’s Decision in Earlier Title Suit Is Not Barred by Limitation, as Earlier Decree Negated Adverse Possession.

10 Jul 2026

The second appeal arose from a suit for recovery of possession and mesne profits filed by a trust through its managing trustee against defendants who ...

High Court

Gujarat High Court Allows Appeal in Recovery Suit, Sets Aside Dismissal for Non-Prosecution. The Court restored Civil Suit No. 2037 of 1998 to the file of the City Civil Court, Ahmedabad, holding that the dismissal for default was not justified given the long pendency of the suit.

12 Feb 2026

The appellant, Abhishek Finlease Ltd., filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Order in Rent Control Case — Subletting and Default in Payment of Rent Established. The court upheld the appellate judgment reversing the trial court's dismissal of the landlord's eviction suit under the Maharashtra Rent Control Act, 1999.

4 Jan 2010

The case involves a landlord-tenant dispute under the Maharashtra Rent Control Act, 1999. The landlords (respondents) filed a suit for eviction agains...

High Court

High Court Dismisses Second Appeal Challenging Limitation in Sale Deed Challenge; Suit for Declaration of Sale Deed as Null and Void Found Time-Barred Under Article 60 of Limitation Act, 1963 as Plaintiff Failed to File Within Three Years of Attaining Majority

12 Jul 2013

The plaintiff filed a suit in 1999 seeking a declaration that a sale deed executed by his parents in 1989 in favour of the defendants was null and voi...

High Court

Bombay High Court Considers Writ Petitions and Civil Revision Application Challenging Execution of Decree for Specific Performance; Executing Court Had Directed Sale Deed Execution. The dispute arose from a decree in First Appeal No. 790 of 1991 requiring deposit of consideration and execution of sale deed of about 18.07 acres land at Mouza Dhaba, Nagpur.

6 Jan 2011

The matter comprised three connected proceedings—Writ Petition Nos. 113 and 1691 of 2010, and Civil Revision Application No. 76 of 2009—filed befo...

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