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SANDIPKUMAR C. MORE
Ashok S/o Bhaurao Patil – Appellant
Versus
Rajendrakumar Madanlal Kala Since deceased through his LRs. – Respondent
JUDGMENT :
SANDIPKUMAR C. MORE, J.
1. The present appellants, who are the original defendant Nos. 3, 4 and 5 have challenged the order dated 18.01.2019, passed by the learned Civil Judge, Senior Division, Aurangabad (herein after referred to as “learned trial Court”) below Exh.292 in Special Civil Suit No. 160 of 2001. Under the impugned order, the learned trial Court, by partially allowing the aforesaid application below Exh.292, has struck off the defence of the present appellants in the said suit as per Order XXXIX Rule 11 of the Code of Civil Procedure.
2. The brief facts giving rise to the present appeal are as under:
An agreement to sell does not create an interest in property and does not breach an undertaking unless actual sale or transfer occurs.
Execution of an agreement to sell does not constitute a breach of court undertaking prohibiting sale unless actual transfer of property occurred.
Court emphasized that once agreements are executed and earnest money paid, specific performance can be enforced unless clear evidence of coercion or duress is presented.
The court held that specific performance of an agreement for sale is unenforceable without consent from co-parceners and proof of legal necessity, emphasizing the court's discretion in granting such ....
(1) Agreement to Sell – Only a valid and enforceable contract can be ordered to be specifically performed.(2) Agreement to Sell – Court is not bound to order specific performance even if it is lawful....
The plaintiff's lawful ownership and entitlement to recovery of possession were established, and the defendants' possession was found to be unlawful.
The court emphasized that the rejection of a plaint cannot be done in a piecemeal manner and must be rejected as a whole. The subsequent events of abatement/dismissal of the suit in Saket Court were ....
Multiplicity of proceedings is also one of the weighty considerations and becomes part of facet of balance of convenience, for, if the disputed property is allowed to be transferred from one hand to ....
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