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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Gujarat High Court Allows Appeal in Property Dispute Case Due to Non-Examination of Key Witness and Adverse Inference Under Section 114(g) of Evidence Act. Sale Deed in Favour of Plaintiffs Proved Valid, Subsequent Transfers by Vendor After Losing Title Held Void.

The present First Appeal under Section 96 of the Code of Civil Procedure, 1908, was filed by the appellants-original plaintiffs challenging the judgme...

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Madras High Court Dismisses Revision Petition Challenging Executability of Decree on Ground of Non-Compliance with Order XX Rule 4 CPC. Judgment Debtor Cannot Raise Nullity of Decree Under Section 47 CPC After Ex-Parte Decree Became Final and Earlier Application to Set Aside Was Dismissed.

The case involves a civil revision petition filed by Srinivasa Doss (petitioner) against P.Kalaidasan and P.Seshian (respondents) challenging an order...

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Court Allows Amendment in 26-Year-Old Tenancy Suit Despite Prolonged Delays. Court Imposes Exemplary Costs on Plaintiffs for Ninth Amendment, Aims to Prevent Multiplicity of Litigation and Encourage Judicial Efficiency

The petition challenges an order by the Small Causes Court, Mumbai, allowing the Plaintiffs to amend their plaint to add grounds of unlawful sublettin...

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Supreme Court Allows Appeal in Specific Performance Case, Reversing High Court's Setting Aside of Concurrent Findings. High Court Erred in Holding Plaint Lacked Specific Averments Under Section 16(c) of Specific Relief Act, 1963, as Readiness and Willingness Must Be Inferred from Plaint as a Whole.

The dispute arose from an agreement to sell executed on 10.10.1976 by Ram Singh in favor of Sughar Singh for a sale consideration of Rs.56,000, with R...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Declaration and Possession — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata

The applicants (defendants in the suit) filed a Civil Revision Application under Section 115 CPC challenging the trial court's order dated 30.09.2013 ...

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Bombay High Court Dismisses Appeal by Housing Society Against Construction Company in Suit for Declaration and Injunction — Society Lacks Locus Standi as It Was Not a Party to the Development Agreement.

The appellant, M/s. Dom Francisco Flat Owners Co-op. Housing Society Ltd., filed a first appeal against the dismissal of its suit by the trial court. ...