Search Results for "Sale Pending Suit"

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Search Results for "Sale Pending Suit"

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High Court

Madras High Court Dismisses Appellants' Second Appeal in Specific Performance Suit — Concurrent Findings Upheld Despite Suit Filed on Last Day of Limitation. The court held that delay in filing suit does not bar specific performance if plaintiff is ready and willing, and oral evidence to contradict written agreement is inadmissible under Section 92 of Evidence Act without pleading fraud or mistake.

17 Jul 2026

The appellants, defendants in a suit for specific performance, challenged the concurrent findings of the Trial Court and First Appellate Court which d...

High Court

Gujarat High Court Grants Leave to Appeal Against Consent Decree Alleged to be Collusive and Fraudulent — Applicant Not Joined Despite Prior Registered Sale Deed. The court held that the applicant, who had a registered sale deed in his favour, was a necessary party and was entitled to challenge the consent decree passed in a suit for specific performance.

6 Feb 2026

The applicant, Chandubhai Maganbhai Kalathiya, filed a Civil Application for Leave to Appeal against a consent decree dated 03.08.2019 passed in Speci...

Supreme Court

Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

14 May 2024

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

Supreme Court

Supreme Court Hears Appeal Against High Court's Reversal of First Appellate Court's Decree for Specific Performance of Agreement for Sale. High Court Had Directed Refund of Earnest Money Instead of Specific Performance, Holding That Appellant Failed to Prove Readiness and Willingness.

1 Jan 1970

The litigation arose from an agreement for sale dated 08.01.2010, whereby the defendants agreed to sell two items of immovable property to the appella...

High Court

Karnataka High Court Decides Regular First Appeal Arising from Dismissal of Suit for Declaration of Property Ownership. Property Originally Allotted to a Swamiji Under Mysore Government Scheme and Later Subject to Litigation Over Inheritance and Alleged Fraud.

28 Mar 2014

The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. H...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Barred by Order 2 Rule 2 CPC. Plaintiff's Omission to Seek Leave for Subsequent Suit for Specific Performance After Earlier Injunction Suit Results in Bar.

27 Nov 2019

The appeal arises from a judgment of the Bombay High Court (Nagpur Bench) in a Second Appeal, which upheld the concurrent findings of the Trial Court ...

High Court

Bombay High Court Hears Interim Application in Redevelopment Dispute – Plaintiff Seeks Eviction of Remaining Occupants under Development Agreement. Court Addresses Whether Non-Cooperating Occupants Can Be Compelled to Vacate Pending Suit Where Majority Have Already Vacated.

16 Oct 2025

This matter arises from an interim application filed by the plaintiff, Ambit Life Style Homes LLP, in a suit for enforcement of a registered developme...

High Court

High Court Decides Regular Second Appeal in Civil Procedure and Land Reforms — Framed Substantial Questions on Limitation and Tenancy Surrender. Whether permit to withdraw earlier suit with liberty validated fresh suit and whether earlier sale deed and surrender of tenancy were properly considered by lower courts.

10 Nov 2017

The Regular Second Appeal arose from a suit for declaration and permanent injunction filed by the plaintiffs claiming ownership of agricultural lands ...

Supreme Court

Supreme Court Allows Execution Decree Holder to Seek Possession Against Third Party Resisters Under Order XXI Rule 97 CPC. The Court held that executing court can decide objections of third parties claiming independent title without requiring a separate suit, and amendment of execution petition is permissible to avoid multiplicity.

18 Dec 2020

The case arises from a specific performance decree obtained by Ayyavoo Udayar (predecessor of appellants) against vendors (respondent nos. 3 and 4) fo...

High Court

High Court of Karnataka Allows Writ Petition Quashing Order Refusing Registration of Sale Deed in Favour of Legal Heirs — Agreement of Sale Not Required to Be Registered Under Section 17 of Registration Act, 1908. The court held that an unregistered agreement of sale is admissible for collateral purposes and a decree for specific performance can be executed by legal representatives.

4 Aug 2025

The petitioners, legal representatives of the deceased Munikrishnappa, filed a writ petition under Articles 226 and 227 of the Constitution of India s...

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