This notice of motion was dismissed as the defendant had no title to the suit property and third-party rights had been created, making interim injunction impossible.
Notice of Motion dismissed; plaintiffs may seek damages.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1067 OF 2008 IN
SUIT NO.827 OF 2008
Natwar Manilal Doshi & Ors.
......Plaintiffs.
V/s
Gaurav N. Bhadreshwara & Anr.
......Defendants.
Mr. R.C. Kaushik for the plaintiffs.
Mr. S.R. Kothari for defendant No.1.
Mr. Sahil Mahajan i/b Mr. Vijay Kumar Agarwal for defendant No.2.
CORAM: V.M. KANADE, J. DATE : 24TH SEPTEMBER, 2008
P.C.:
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was under an obligation to comply with the conditions which were imposed in the said agreement and due to non-compliance of the said conditions the balance consideration was not paid. It is submitted that, therefore, though the plaintiffs were ready and willing to perform their part of the contract, defendants had chosen not to comply with the conditions imposed in the said clause. It is, therefore, submitted that the defendants may be restrained by an order of injunction from creating any third party rights in respect of the suit flat.
(V.M. KANADE, J.)
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3 issues framed by the court
Whether interim relief can be granted in a suit for specific performance when the defendant is not the owner and a third party rights has been created.
Whether the plaintiff can seek an injunction to prevent creation of third party rights when the defendant terminated the agreement for non-payment.
Whether the court can grant damages as a substitute for specific performance in absence of title.
Natwar Manilal Doshi & Ors.
Gaurav N. Bhadreshwara
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
