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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Concluded Contract. Document lacking vendor's signature and containing incomplete terms cannot be enforced under Section 16(c) of the Specific Relief Act, 1963.

The appellants (original defendants) challenged the trial court's decree for specific performance of an alleged agreement to sell dated 1st October 20...

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Bombay High Court Allows Developer's Petition in Property Dispute, Sets Aside Injunction on Construction. Court holds that the appellate court exceeded its jurisdiction by granting ad-interim injunction without considering balance of convenience and prima facie case.

The petitioner, Radhika Property Developers Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the judgment a...

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Bombay High Court Dismisses Writ Petition Seeking Restitution Under Section 144 CPC After Decree Set Aside — Restitution Not Automatic When Rights Are Sub Judice in Pending Obstructionist Proceedings

The petitioner, Smt. Grover Navill Cardamaster, filed a writ petition under Article 227 of the Constitution of India challenging the dismissal of her ...

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Bombay High Court Allows Builder's Appeals Against Interim Injunction in Specific Performance Suits — Agreements to Sell Not Concluded as Essential Terms Remained Unsettled. The court held that without a concluded contract, no prima facie case exists for interim injunction under Specific Relief Act, 1963.

The appellant, M/s Rupji Constructions, a partnership firm engaged in construction business, entered into several agreements to sell with various flat...

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Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Held that the Trial Court Erred in Dismissing Suit for Non-Prosecution Without Considering Merits and That the Suit Was Not Abated Despite Death of Sole Proprietor as Legal Representatives Were Brought on Record.

The present appeal arises from a suit filed in 1983 by the original plaintiffs (respondents herein) against the original defendant, Bitesh Hanumantrao...