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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The appellant, Sri Bylamurthy, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the concurrent judgments ...

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High Court of Karnataka Dismisses Writ Petition Challenging Order in Final Decree Proceedings — Court Holds That Application Under Section 151 CPC Read with Sections 3 and 4 of the Partition Act for Considering Earlier Applications Is Maintainable and Not Barred by Res Judicata.

The writ petition was filed by the petitioners (Mukunda Rao and Venkatesh Rao) challenging the order dated 25.10.2021 passed by the Principal Senior C...

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Madras High Court Hears Appeal Against Specific Performance Decree in Suit Involving Agreement of Sale. Trial Court's Grant of Relief Challenged on Grounds of Unregistered Agreement and Alleged Lack of Possession by Plaintiff.

The appeal arose from a decree for specific performance granted by the trial court in O.S.No.473/2006. The plaintiff, V.Gurusamy, filed the suit claim...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract via Email Exchange. Unsigned Memorandum of Understanding Not Binding as Parties Did Not Intend to Be Bound Until Execution of Formal Agreement.

The appellants (original plaintiffs) filed a suit for specific performance of an alleged contract for the sale of a flat owned by the respondent (orig...

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High Court of Madras Hears Appeal Against Trial Court's Partial Decree in Specific Performance Suit. Trial Court Dismissed Specific Performance Citing Public Policy and Fabricated Receipts, Ordered Refund of Rs.2,00,000.

The appeal arises from a suit for specific performance of two sale agreements dated January 6, 2003, one registered and one unregistered, executed by ...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Power of Attorney and Sale Agreement Found Not Genuine Due to Suspicious Circumstances and Failure to Prove Readiness and Willingness.

The plaintiff filed a suit for specific performance of a registered agreement of sale dated 13.01.2011, executed by the second defendant (sister of th...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Upholds Trial Court Decree for Execution of Sale Deed. Agreement of Sale Dated 02.08.2007 Proved by Plaintiff; Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

The appellants (defendants) challenged the judgment and decree dated 20.10.2012 passed by the Senior Civil Judge, Channarayapatna, in O.S. No. 4/2008,...