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Search Results for "specific performance"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance. Court holds that the Trial Court's order refusing to set aside ex-parte decree under Order IX Rule 13 CPC was not perverse or capricious, and the petitioner failed to show sufficient cause for non-appearance.

13 Sep 2024

The petitioner, Sri. Raoji S/o. Devaji Patel, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order date...

High Court

High Court of Karnataka Allows Amendment in Suit for Specific Performance to Include Alternative Relief of Refund of Advance Amount. Amendment Sought Under Order VI Rule 17 CPC and Section 22 of Specific Relief Act, 1963 Held Permissible as It Does Not Change Nature of Suit.

9 Aug 2024

The petitioner, M/s. Samrudhi Groups, a registered partnership firm, filed a suit for specific performance of contract (O.S.No.281/2017) against the r...

High Court

High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Trial and First Appellate Court Upheld. Agreement of Sale Proved by Plaintiff, Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

1 Jul 2024

The appellants (defendants) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments...

High Court

High Court of Karnataka Allows Commercial Appeal in Arbitration Matter — Sets Aside Trial Court Order Refusing Interim Injunction. Court holds that an arbitral award granting specific performance of a sale agreement creates a vested right in the property, and the court under Section 9 of the Arbitration and Conciliation Act, 1996, can grant interim protection to preserve the subject matter of the dispute pending challenge to the award.

19 Jul 2024

The appellant, M/s KLR Group Enterprises, filed a Commercial Appeal under Section 13(1-A) of the Commercial Courts Act, 2015, read with Section 37(1)(...

High Court

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.

10 Jul 2024

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

High Court

High Court of Karnataka Allows Civil Revision Petition Challenging Rejection of Plaint Under Order 7 Rule 11 CPC — Suit Not Barred by Limitation as Cause of Action for Refund Arose on Date of Refund. The court held that the plaint disclosed a cause of action for refund of consideration and the suit was within the limitation period under Article 54 of the Limitation Act, 1963.

18 Jun 2024

The petitioner, Sri. Bhagyaraju, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging an order da...

High Court

Karnataka High Court Dismisses Appeal Against Decree of Specific Performance of Sale Agreement. Court holds that plaintiff's readiness and willingness to perform is established by evidence of payment of balance sale consideration and execution of sale deed within time.

25 Apr 2024

The present first appeal is filed by the defendant under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 30...

High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to Send Document for Expert Opinion in Specific Performance Suit. Trial court erred in refusing to send disputed sale agreement to handwriting expert under Section 45 of the Evidence Act, 1872, as the document's genuineness was in serious dispute.

29 Feb 2024

The petitioner, Sri Veeranagouda, was the defendant in O.S. No. 334/2015 pending before the Principal Civil Judge and JMFC, Sindhanur, filed by the fi...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Rejection of Plaint and Amendment in Specific Performance Suit — Consent Decree Not Binding on Third Party. Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

17 Apr 2026

The petitioner, Bharat Mulji Khona, was the defendant in a suit for specific performance filed by M/s. Fiza Construction Company (respondent no.1) see...

High Court

High Court of Karnataka Quashes Trial Court Order Rejecting Agreement of Sale in Specific Performance Suit — Document Admissible Without Formal Proof Under Section 294 CrPC. Objection to admissibility of document must be raised at time of marking; failure to object results in waiver.

8 Apr 2026

The petitioners (plaintiffs) filed a suit for specific performance of an agreement of sale against the respondents (defendants). During trial, the pla...

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