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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Jyoti Mulimani
Shakthikumar. R.S., S/O Sanjeevappa – Appellant
Versus
A.Venugopal Dead By Lr's – Respondent
| Table of Content |
|---|
| 1. preliminary proceedings/case background. (Para 1) |
| 2. identification of parties and court background. (Para 2 , 3) |
| 3. details of the agreement for sale. (Para 4) |
| 4. counsel's arguments regarding trial court's decision. (Para 5) |
| 5. main issue for consideration: specific performance. (Para 6) |
| 6. requirements for plaintiff's readiness and willingness. (Para 7) |
| 7. outcome of the appeal and final orders. (Para 8 , 9) |
JUDGMENT :
Jyoti Mulimani, J.
Sri. Sharan B. Tadahal, counsel for the appellant, has appeared in person.
Though the appeal is listed today for orders regarding a hearing-interlocutory application, with the consent of counsel for the appellant, it is heard.
Sri.A.Venugopal - the original respondent died on 16.08.2019. Notice to the legal representatives of the deceased sole respondent was ordered on 01.10.2024. A perusal of the office note depicts that the legal representatives of the deceased sole respondent are served and unrepresented. They have neither engaged the services of an advocate nor conducted the case as a party in person.
2. This is an appeal from the Court of XXXV Addl. City Civil & Sessions Judge, Bengaluru (CCH-36).
3. For convenience's sake, the partie
Plaintiff's entitlement to specific performance established by demonstrating continuous readiness and willingness under the Specific Relief Act, irrespective of delays or signature mismatches.
Plaintiffs must prove readiness and willingness for specific performance; financial capacity may be demonstrated through means to secure funds, not necessarily possession of cash.
The plaintiff must continuously prove readiness and willingness to perform a contract to be entitled to specific performance, as per Section 16(c) of the Specific Relief Act.
A plaintiff must establish both readiness and willingness to perform a contract to seek specific performance; failure to do so renders the claim unsustainable.
The court affirmed that a plaintiff's readiness and willingness to perform a contract must be evaluated based on conduct, and an assignment of rights does not negate the right to seek specific perfor....
The plaintiff must prove readiness and willingness to perform a contract for specific performance to be granted, and time can be inferred as essential from the contract's nature.
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