Conciliation Act and also argued on Sections 37 and 43 of
the Specific Relief Act. But the suit filed by the plaintiff ... relief of specific performance simplicitor. Further
submitted that even excluding the period taken for
adjudicating the proceedings, the suit filed for specific
performance is barred
take personal
interest in the case.
26. The matter for specific performance simplicitor
being kept pending by the trial Court for a period
plaintiff cannot maintain a suit for permanent injunction
simplicitor without seeking relief of specific performance of
alleged agreement of sale of the year 1996. Hence ... seeking the relief of specific performance of alleged agreement
but confining relief only for permanent injunction simplicitor.
The trial Court has answered the said point
first appeal.
4. The plaintiff filed a suit on 10.11.2004
seeking specific performance of the agreement dated
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26.12.2002 wherein, he sought the relief ... scope of the case is simplicitor suit for
specific performance of the agreement dated
26.12.2002 was filed by the plaintiff wherein the
subject matter
specific performance is
concerned.
16. I am unable to appreciate the reasoning of the trial
Court distinguishing a suit for specific performance
from a suit ... sale by giving up the relief of specific
performance and that of a pure and simplicitor suit
for recovery of money.
19. The said finding
failed to reveal, whether the suit is
for specific performance or a suit simplicitor for
possession?
iii. Was not the suit of the plaintiff barred ... Further, it is for the plaintiff to
file the suit for specific performance of contract but suit
Smt Shantha Srinivas vs M/S Sun Rama Exports Private Ltd on 4 April, 2025
M/S Sun Rama Exports Private Limited vs Smt Shantha Srinivas on 4 April, 2025
possession but without filing the suit for Specific
Performance of Contract, he has filed the suit for bare
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injunction which is not maintainable ... relief of specific
performance of such agreement to sell as the
same was unregistered, the plaintiff filed a suit
simplicitor for permanent injunction only
this
Court is of the opinion that plaintiff is entitled
for specific performance of the contract.
Defendant No.1 to 3 jointly to be directed ... benefit of a
decree for specific performance and perpetual
injunction, prevails over the decree granted in
injunction suit simplicitor. The decree granted in the
present
