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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R. DEVDAS
Cornerstone Properties Private Limited – Appellant
Versus
Salarpuria Hi-Rise Private Limited – Respondent
| Table of Content |
|---|
| 1. common origin of disputes between parties (Para 1 , 2 , 3) |
| 2. defendants' argument regarding violation of mou terms (Para 4 , 5 , 6) |
| 3. arguments regarding the mous and limitation issues. (Para 7) |
| 4. implication of covid-19 on limitation periods (Para 8 , 9) |
| 5. plaintiffs’ burden of proof on contract performance (Para 10 , 11 , 12) |
| 6. cause of action relating to denial of contract performance (Para 13 , 14 , 15) |
| 7. arguments on the nature of limitation and evidence. (Para 16) |
| 8. court's analysis of the limitation issue and relevant case law. (Para 17 , 21) |
| 9. judicial recognition of past conduct in evaluating claims (Para 18 , 19 , 20) |
| 10. rejection of plaint due to expiry of limitation (Para 22 , 23) |
| 11. conclusion and order of the court. (Para 24 , 25) |
ORDER :
1. Although we are dealing with two separate Civil Revision Petitions arising out of two separate suits in O.S.Nos.3130/2024 and 3136/2024, nevertheless the two petitioners are sister concerns/Companies who have business transaction with two other respondent sister concerns/companies viz., M/s.Salarpuria Hi-Rise Private Limited and M/s. Sattva Developers Pvt. Ltd., and therefore, the matters were clubbed, heard toget
The limitation period begins upon denial of performance, with an obligation on plaintiffs to act within prescribed timeframes, and claims cannot be revived by COVID-related extensions where already e....
The court ruled that pandemic-related limitation exemptions do not apply to suits where the limitation period expired before the onset of the lockdown.
The court held that a suit for specific performance is barred by limitation if not initiated within three years of refusal, emphasizing the importance of meaningful pleadings.
Timeliness for specific performance claims is determined by the parties' conduct, not merely fixed contractual deadlines, enabling a nuanced evaluation of obligations.
The issue of limitation for specific performance of a contract is a mixed question of fact and law, and the plaint cannot be rejected solely based on the averments in the plaint.
Court emphasized the impact of pandemic-related extensions on limitation periods, affirming that the suit, filed within the extended timeframe, was not barred by limitation.
The court emphasized that a Trial Court must consider the entire plaint and not selectively read it when determining the limitation period for specific performance claims.
The absence of a fixed date for performance in a contract for sale means that the limitation period for filing a suit for specific performance begins when the plaintiff receives notice of refusal, ma....
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