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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV
Everhome Properties Pvt. Ltd. – Appellant
Versus
Aditya Developers – Respondent
MILIND N. JADHAV, J.
1. This Appeal from Order was mentioned before me on 15.10.2025, on that date order dated 26.09.2025 passed by the Supreme Court was brought to my notice and it was urged that within 30 days from the date of pointing out that order, the Appeal from Order should be heard and decided by this Court preferably as stated in the Supreme Court Order. On 15.10.2025 by consent of both parties (their Advocates), the Appeal from Order was listed for directions on 03.11.2025 since the Court was closed on account of Diwali Vacation from 18.10.2025 to 02.11.2025. On 03.11.2025, the Appeal from Order was fixed for hearing on 06.11.2025. It was heard on 06.11.2025, 12.11.2025 and 13.11.2025. On all 3 days of hearing of Appeal from Order, it was argued and adjourned at the request of the learned Senior Advocates appearing for parties to accommodate them. Hearing was finally concluded on 13.11.2025. Both the parties were heard at length and Appeal from Order was closed for passing of order / judgement and posted on 17.11.2025 i.e. today. This judgement is pronounced in open Court.
2. Heard Mr. Samdani, learned Senior Advocate for Appellant and Mr. Joshi, learned Senior A
A Term Sheet can qualify as a binding contract only if all conditions are met; non-compliance by the parties, especially regarding timelines like the Long Stop Date, results in automatic termination.
The court held that continuous readiness and willingness to perform is essential for specific performance, despite the existence of prior conditions like tenant eviction.
Time is not the essence of a contract for sale of immovable property unless expressly stated; mere delay does not bar specific performance if circumstances justify it.
A valid contract for specific performance must have certainty regarding price, parties, property, and terms; lack of clarity renders the agreement void.
Time is not generally considered the essence of contracts for the sale of immovable property; however, specific circumstances may necessitate its strict enforcement. A valid agreement can only be mod....
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