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DIVYESH A. JOSHI
Bileshwar Corporation – Appellant
Versus
Shantinagar (Shela) Cooperative Housing Society Ltd. – Respondent
JUDGMENT :
Divyesh A. Joshi, J.
1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs;
(B) Your Lordships may be pleased to issue a writ of certiorari and/or on appropriate writ, order or direction for quashing and setting aside the impugned order Annexure-A dated 24.08.2023 passed by the Ld. Principal Senior Civil Judge, Sanand, Ahmedabad (Rural) below Exh.69 in Special Civil Suit No.407 of 2017;
(C ) Pending hearing and till final disposal of this petition, Your Lordships may be pleased to stay the implementation, operation and execution of the impugned order Annexure-A dated 24.08.2023 passed by the Ld. Principal Senior Civil Judge, Sanand, Ahmedabad (Rural) below Exh.69 in Special Civil Suit No.407 of 2017.
(D) Any other relief deemed just and proper may please be granted in the interest of justice.”
2. The facts, in brief, giving rise to the filing of the present application are as under:-
2.1 The writ applicant herein is the original plaintiff, who instituted the suit being Special Civil Suit No.407 of 2017 (Old Special Civil Suit No.272 o
Only parties to a contract can be joined in a specific performance suit; others are neither necessary nor proper parties.
Court cannot allow adjudication of collateral matters so as to convert a suit for specific performance of contract for sale into a complicated suit for title between the plaintiff/appellant.
The main legal point established in the judgment is that the impleadment of a party is not necessary if no legal right has been created in their favor, and their presence is not required to effective....
The main legal point established in the judgment is that a suit for specific performance can be filed only against the persons who have entered into a sale agreement, and the necessity of parties in ....
The decision to allow subsequent purchasers as parties in specific performance suits is justified when they demonstrate a semblance of title or interest to the property, supporting effective judicial....
The main legal point established in the judgment is that the court has the discretion to determine whether a party is necessary for effective adjudication of the issues involved in the suit, and the ....
A party to a contract for sale is a necessary party in a suit for specific performance, while a person claiming adversely is not; the court recognized the petitioner as a proper party for effective a....
Lis pendens purchasers are not necessary or proper parties in a specific performance suit, as their absence does not impede the passing of an effective decree.
The court established that in specific performance cases, all parties with a direct interest must be included to ensure effective adjudication and uphold the doctrine of Us pendens.
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