Search Results for "Sale Pending Suit"

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Search Results for "Sale Pending Suit"

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High Court

Bombay High Court Upholds Decree for Specific Performance of Contract in Property Sale Dispute. Suit for specific performance of agreement to sell house decreed as plaintiff proved readiness and willingness to perform her part of contract.

17 Nov 2014

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by original defendant No. 2, Venunath Sambha More, cha...

High Court

Regular First Appeal Against Common Judgment Decreeping Suit for Perpetual Injunction and Dismissing Suit for Declaration That Sale Deeds Are Not Binding on Co-Parceners. Dispute Centered on Whether Property Was Joint Family Asset or Self-Acquired and Validity of Sale Deeds Executed by Karta or Power of Attorney Holder.

27 Jan 2020

The appeals arose from two suits tried together. One suit (O.S.No.1611/1994) was filed by the plaintiffs, claiming to be co-parceners of an undivided ...

Supreme Court

Supreme Court Adjudicates Appeal by Subsequent Purchasers Against Decree of Specific Performance of Agreement to Sell. High Court's Ruling That Original Vendees Were Entitled to Specific Performance Despite Contract Termination and Subsequent Sale Is Under Review.

1 Jan 1970

These appeals before the Supreme Court arose from a common judgment of the High Court of Karnataka which allowed two appeals filed by the original ven...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Sale Set Aside for Material Irregularity in Conduct of Auction. Order XXI Rule 90 CPC requires that sale be conducted with proper notice and opportunity to judgment-debtors; failure to serve notice and conduct sale at spot without prior intimation constitutes material irregularity.

10 Feb 2017

The appellants, Sri L. Nanjunda Murthy and Sri L. Nagaraj, were judgment-debtors in Execution No.3242/2014 pending before the XXXI Additional City Civ...

Supreme Court

Supreme Court Allows Specific Performance Appeal in Land Sale Dispute — Agreement to Sell Valid Despite Non-Registration and Subsequent Alienation. The court held that the appellants paid full consideration, took possession, and were ready and willing; subsequent sale deeds executed in violation of injunction are void.

12 Nov 2024

The dispute pertains to six suits for specific performance of an Agreement to Sell dated 30.08.1990 executed by Sushila Devi in favour of the appellan...

Supreme Court

Supreme Court Dismisses Review Petition in Specific Performance Suit — No Error Apparent on Face of Record. Court upholds its earlier judgment reversing High Court's partial decree for specific performance, holding that the petitioner failed to prove readiness and willingness and that the suit was barred by limitation.

18 Nov 2024

The petitioner, M/s Siddamsetty Infra Projects Pvt. Ltd., filed a review petition under Article 137 of the Constitution read with Order XLVII Rule 1 o...

High Court

Madras High Court Upholds Specific Performance Decree in Housing Board Flat Sale Agreement — Agreement Holder Entitled to Enforce Contract Despite Non-Joinder of Legal Heirs as Parties. The court held that the suit for specific performance is maintainable as the estate of the deceased defendant is sufficiently represented by the other defendants who were parties to the agreement.

7 Jan 2026

The appeal arises from a suit for specific performance of an agreement of sale dated 23.06.1983 filed by the 1st respondent/plaintiff against defendan...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

High Court

Bombay High Court Allows Revision Application, Rejects Suit Plaint for Injunction Based on Unregistered Agreement for Sale. Suit for perpetual injunction filed by plaintiff claiming possession under an unregistered agreement for sale without title is not maintainable and barred under Section 41(h) of the Specific Relief Act, 1963.

27 Aug 2024

The case involves a Civil Revision Application filed by the defendants (revision applicants) against an order of the Trial Court rejecting their appli...

High Court

High Court of Karnataka Dismisses Appeal Against Temporary Injunction in Specific Performance Suit — Prima Facie Case and Balance of Convenience Found in Favor of Plaintiff. Agreement to Sell and Part Payment Established, Injunction to Prevent Alienation Upheld Under Order 39 Rules 1 and 2 CPC.

1 Aug 2025

The present appeal arises from an order dated 12.02.2025 passed by the Prl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, allowing I.A. Nos...

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