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Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Not Proved as Plaintiff Failed to Show Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant Balasubrama...

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Bombay High Court Dismisses Suit for Specific Performance of Slum Development Agreement Due to Lack of Jurisdiction Under Section 42 of Maharashtra Slum Areas Act. Civil Court Cannot Entertain Disputes Relating to Slum Rehabilitation Schemes as Exclusive Jurisdiction Vests with Slum Authorities.

The plaintiff, Lokhandwala Infrastructure Pvt. Ltd., filed a suit for specific performance of a development agreement dated 10 August 2003, entered in...

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High Court of Karnataka Hears Writ Petition on Impleadment of Additional Defendants in Specific Performance Suit — Considers Proper Party Test Under Order I Rule 10 CPC

The petitioner, as plaintiff, filed a suit for specific performance of an agreement of sale dated 10.06.2016 executed by late Mariyappa in respect of ...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Allows Garnishee Order Against Respondent in Execution of Decree — Debt Acknowledged in Balance Sheets Constitutes Admission of Liability. The Court directed attachment and deposit of Rs. 17,40,82,984/- under Order XXI Rules 46 and 46A CPC, finding no real dispute under Rule 46-C.

The Applicant, Drive India Enterprises Solutions Ltd., is the Judgment Creditor in a decree dated 10th September 2018 against the Judgment Debtor, Hai...