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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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High Court of Karnataka Hears Appeals Filed by Legal Heirs of Defendant Against Decree in Partition Suit. Appeals Arise from Common Judgment Partly Decreeing Suit for Partition and Separate Possession of Ancestral Properties.

The appeals arose from a common judgment and decree passed in O.S.No.2640/1988 and O.S.No.5075/2000 by the I Additional City Civil & Sessions Judge, B...

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High Court of Bombay at Goa Hears First Appeal Against Partial Decree in Suit for Specific Performance of Development Agreement. Trial Court Declared Forfeiture of Advance Unlawful but Denied Specific Performance, and Appellant Seeks Reversal.

This First Appeal challenged the judgment and decree dated 20.09.2013 passed by the Civil Judge Senior Division, Vasco in Special Civil Suit No. 13/20...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Decree Restored. Appellate Court Exceeded Remand Powers Under Order 41 Rule 23-A CPC by Reversing Findings Without Proper Justification.

The case arises from a suit for specific performance of an agreement of sale filed by the original plaintiff, Mohd. Sardar, against the defendant, Raf...

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Gujarat High Court Partially Allows Appeal in Electricity Theft Case — Reduces Compensation for Illegal Consumption. ABCD formula assessment for theft of electricity is valid but must be proportionate to actual consumption period.

The appellant, Gujarat Electricity Board now Paschim Gujarat Vij Company Ltd, filed a first appeal under Section 96 of the Code of Civil Procedure, 19...

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Supreme Court Dismisses Appeal in Specific Performance Suit, Upholds Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness for specific performance, but defendant must refund earnest money with 12% interest under Section 22 of Specific Relief Act, 1963.

The appellant (plaintiff) entered into a sale agreement dated 19.03.2010 with the respondents (defendants) for purchase of property bearing Survey No....