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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

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Bombay High Court Upholds Relief from Lis Pendens in Specific Performance Suit — Transfer of Property Act Section 52. Court allows defendant to be relieved from lis pendens upon deposit of Rs.8 lakhs, balancing plaintiff's claim with defendant's right to deal with property.

The appeal arises from a judgment of a learned Single Judge dated 13 September 2013 in a motion taken out by the Appellant, the original Plaintiff, du...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

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"High Court Decrees Specific Performance; Doctrine of Lis Pendens Applied to Override Subsequent Sale" "Litigation pendente lite affects all subsequent alienations, regardless of notice to the purchaser."

The appeal was dismissed, affirming the High Court’s decision that allowed the specific performance of a sale agreement. The High Court applied the ...

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Protecting the Rights of the Appellant: Court Rules Against Bonafide Purchasers in the Doctrine of Lis Pendens Case. Rejection of Defence and Upholding of Decree in a Property Dispute

The proceedings and judgment of an appeal filed before a court, challenging a judgment and order passed by the Punjab and Haryana High Court on 03.10....

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Madras High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Plaintiff's Claim of Bonafide Purchase Fails as Prior Decree in O.S.No.34 of 1984 Was Binding and Sale Deeds Were Executed During Pendency of Litigation.

The appellant, H.Prema Devakumari, was the unsuccessful plaintiff in a suit for declaration and injunction. She claimed to have purchased plot No.9 fr...