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J. K. MAHESHWARI, RAJESH BINDAL
Alpha Residents Welfare Association (Regd. ) Karnal – Appellant
Versus
Alpha Corp. Development Pvt. Limited – Respondent
ORDER :
Leave granted.
2. Arising out of the rejection of the plaint by allowing the application filed by the defendants-respondents under Order VII Rule 11 of the Code of Civil Procedure (in short, the “CPC”) maintaining an objection of jurisdiction of court in terms of Clause 23 of the Plot Buyers’ Agreement, the present appeal has been filed.
3. The appellants filed a suit1[C.S. No. 2489 of 2016] in the Court of Civil Judge (Junior Division), Karnal (“Trial Court”) seeking declaration, rendition of accounts, mandatory and permanent injunction with respect to the Community Centre of Alpha International City, Sector 28-29, Karnal situated within a residential area, seeking declaration that the Community Center cannot be leased out to third party for commercial purpose by the defendants with other ancillary reliefs before the Trial Court.
4. The defendants moved an application under Order VII, Rule 11 of CPC, inter-alia, raising an objection that in terms of Clause 23 of the agreement dated 24.02.2009 the Courts at New Delhi alone shall have jurisdiction in the matters arising out of, touching and/or concerning the agreement regardless of the place of execution. On filing reply by the
Jurisdiction over immovable property cannot be altered by agreement; the local court where the property is situated retains jurisdiction.
The Courts at Patiala did not have jurisdiction to entertain the suit of the respondent as the suit property/res is situated in Gurugram. The agreement in question is a forged and fabricated document....
Jurisdiction under Section 16 of CPC mandates that actions affecting property must be brought in the court where the property is situated, irrespective of contractual jurisdiction clauses.
A suit for specific performance regarding immovable property must be filed in the jurisdiction where the property is located, as per Section 16 of the CPC.
The central legal point established in the judgment is the application and interpretation of Section 17 of C.P.C. in cases involving immovable properties situated within the jurisdiction of different....
The main legal point established in the judgment is that the issue of territorial jurisdiction can be tried as a preliminary issue under Order XIV Rule 2 of the Civil Procedure Code.
A suit claiming jurisdiction based on receipt of termination notice is invalid if the associated contract's termination occurs outside the jurisdiction of the court.
Agreement to sell – Even if suit for specific performance is decreed without specific decree for transfer of possession of suit property, same can be enforced only when trial court directs defendants....
The central legal point established is that when two suits involve the same parties, property, and reliefs, and the jurisdictional issue is pending, the subsequent suit may be stayed until the dispos....
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