Search Results for "specific performance"

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Search Results for "specific performance"

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High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

30 Nov -0001

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

High Court

Bombay High Court Dismisses Interim Injunction Application in Specific Performance Suit — Plaintiff Fails to Establish Possession and Prima Facie Case. Balance of convenience favors defendant as property stands in defendant's name and no irreparable loss shown.

30 Nov -0001

The present matter is an interim application in a suit for specific performance of an agreement to sell and for permanent injunction. The plaintiff, S...

High Court

Gujarat High Court Allows Second Appeal by Nagar Seva Sadan in Specific Performance Suit — Resolution of Local Authority Does Not Constitute a Concluded Contract; Suit Barred by Limitation and Non-Joinder of Government as Necessary Party. The court held that a resolution of a local authority cannot be equated with a concluded contract for specific performance, and the suit was barred by limitation under the Limitation Act, 1963, and the government was a necessary party.

29 Jan 2026

The appellant, Nagar Seva Sadan, Mangrol, was the original defendant in Regular Civil Suit No. 02 of 2010 filed by the respondent, Motivarash Premjibh...

High Court

Gujarat High Court Dismisses Appeal Against Permanent Injunction in Agreement to Sell Dispute — Failure to Pay Consideration Justifies Injunction to Protect Possession. The court upheld the trial court's finding that the appellants-defendants failed to pay consideration under the agreement to sell dated 23.06.2001, warranting a permanent injunction to protect the respondents-plaintiffs' possession of the suit land.

21 Jan 2026

The case involves a dispute over suit property bearing Block No. 206 and 207 of village Gunsada, Taluka Songadh. The respondents (original plaintiffs)...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit. Plaint Discloses Cause of Action and Suit Not Barred by Limitation Under Article 54 of Limitation Act, 1963.

31 Jan 2026

The case involves an interim application filed by the defendants in a commercial suit for specific performance. The plaintiff, Rajdhani Textiles Pvt. ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment of Plaint in Suit for Specific Performance. Amendment Seeking to Change Suit from Specific Performance to Declaration of Title and Possession Held Impermissible as It Introduces Inconsistent Case and Is Barred by Limitation.

30 Nov -0001

The petitioners, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 01.08.1994 executed by the predecessor-in-ti...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Due to Lack of Fraud Pleadings and Limitation Bar. Suit challenging registered sale deed after 14 years dismissed as plaintiff failed to prove fraud and suit was barred by limitation under Article 59 of Limitation Act.

15 Oct 2016

The case involves a second appeal arising from a suit filed by the plaintiff (respondent no.1) seeking a declaration that a registered sale deed dated...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. The court upheld concurrent findings that the plaintiff failed to prove the agreement and the suit was time-barred under Article 54 of the Limitation Act, 1963.

25 Oct 2016

The appellant, Manohar Pamandas Jani, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decre...

High Court

Bombay High Court Dismisses Appeals in Specific Performance Suit — Upholds Trial Court's Refusal to Grant Decree Due to Lack of Continuous Readiness and Willingness. Court holds that under Section 20 of the Specific Relief Act, 1963, the court has discretion to refuse specific performance where plaintiff fails to prove readiness and willingness from date of contract to date of decree.

30 Nov -0001

The case involves two first appeals filed by Veljiben V. Satra and Nitin V. Satra (appellants) against the judgment and decree dated 30/06/2016 passed...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Property Sale Dispute — Receipt Held Not Constituting Agreement to Sell. Receipt of earnest money without essential terms of contract cannot be enforced as an agreement to sell under the Specific Relief Act, 1963.

8 Sep 2016

The appellant, Eastern Star Hotels & Resorts Pvt. Ltd., filed an appeal against an order of the Civil Judge, Senior Division, Panaji, which dismissed ...

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