Back
DIVYESH A. JOSHI
JASHVANTLAL AMBALAL PATEL – Appellant
Versus
KANUBHAI BABULAL PATEL – Respondent
JUDGMENT :
DIVYESH A. JOSHI, J.
1. With the consent of learned advocates for the parties, the present Appeal from Order is taken up for final disposal.
2. By filing present Appeal from Order under Section 104 and Order 43, Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the CPC” for short) the appellants have challenged the validity and legality of the order dated 29.06.2024 passed below application, Exh.5 by the learned 5th Additional Senior Civil Judge, Gandhinagar in Special Civil Suit No. 120/2020, whereby the injunction application preferred by the appellants has been rejected.
3. Heard learned Senior Counsel, Mr. Mihir Joshi assisted by learned advocate, Mr. Nishit Gandhi for the appellants and learned advocate, Mr. Jay Kansara for M/s. Wadiagandhy & Co. for respondent.
4. Learned Senior Counsel submitted that the appellants are the plaintiffs of Special Civil Suit No. 120/2020 filed by them and the respondent is the original defendant. Learned Senior Counsel submitted that aforesaid suit is filed before the court of learned Civil Judge, Gandhinagar inter alia praying for specific performance and along with the said suit, an application for interim injunct
In contracts for the sale of immovable property, time is generally not of the essence unless explicitly stated, and parties must demonstrate readiness and willingness to perform their obligations.
To obtain a temporary injunction, a plaintiff must demonstrate a prima facie case, balance of convenience, and potential for irreparable harm, without conducting a mini trial.
The main legal point established is the application of principles for granting interim injunctions, the interpretation of time as the essence of a contract, and the significance of fulfilling recipro....
The court emphasized that failure to demonstrate readiness and willingness to perform contractual obligations justifies the denial of interim injunctions in specific performance cases.
The court emphasized the need to consider the maintainability of the suit and the balance of convenience before granting an injunction. It also highlighted the relevance of the time fixed for perform....
The main legal point established in the judgment is the significance of prima facie case, irreparable injury, and balance of convenience in deciding on temporary injunction. The judgment also highlig....
An agreement to sell is not void ab initio if it is subject to a condition that the seller will obtain the necessary permission from the authorities to convert the land from new tenure to old tenure ....
A plaintiff's delay in filing a suit impacts the entitlement to injunction and specific performance, as timely prosecution and adherence to evidential requirements are essential for equitable relief.
An interim injunction can be granted to restrain the alienation of property during the pendency of a suit, even in light of the doctrine of lis pendens under Section 52 of the Transfer of Property Ac....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
