MOUSHUMI BHATTACHARYA, NAGESH BHEEMAPAKA
B. Narasimha Reddy – Appellant
Versus
T. Seshikanth Reddy – Respondent
JUDGMENT
Moushumi Bhattacharya, J.—The Appeal Suit arises out of a judgment dated 18.09.2015 passed by the Principal District Judge, Ranga Reddy District at L.B. Nagar in a Suit filed by the respondent Nos.1 and 2/plaintiffs for specific performance.
2. The respondent Nos.1 and 2/plaintiffs sought for a direction on the defendant Nos.1 and 2 (respondent No.3 and the appellant herein respectively) to execute a registered Sale Deed in respect of the suit schedule property in favour of the plaintiffs/respondent Nos.1 and 2 after receiving the balance sale consideration from the plaintiffs in terms of an Agreement of Sale dated 22.03.2006.
3. The Trial Court decreed the Suit by the impugned judgment and directed the plaintiffs to deposit the balance sale consideration within 45 days from the date of the judgment and the defendant Nos.1 and 2 to execute and register the Sale Deed in favour of the plaintiffs. The defendants were given the liberty to withdraw the amount of the balance sale consideration deposited before the Court. The impugned judgment further provided that the plaintiff would be entitled to execute the Sale Deed through the process of the Court and be put in vacant posses
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(1) Non appeal lies against consent order.(2) Statement made by Counsel before a Court as recorded in a judgment/order cannot be challenged before a different forum.
The maintainability of a suit for specific performance is barred under Order 2 Rule 2 CPC if a plaintiff omits to claim it in an earlier suit concerning the same cause of action.
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....
Subsequent purchasers cannot assert defenses of the original vendor without seeking leave under Order 22 Rule 10 of CPC, especially when the original sale deeds have been canceled.
Transfers of immovable property executed in violation of court orders are considered void and confer no rights to the transferee, preserving the integrity of judicial authority.
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