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february 2008

Supreme Court of India · 2008-02-08

B.K. SRI HARSHA (D) BY L.R. vs M/S. BHARATH HEAVY ELECTRICALS LTD.

Citation / case number
SC 2003/18686
Court
Supreme Court of India
Petitioner
B.K. SRI HARSHA (D) BY L.R.
Respondent
M/S. BHARATH HEAVY ELECTRICALS LTD.
Author
ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the dismissal of First Appeals under Section 96 CPC by the Karnataka High Court was improper as it failed to adequately analyze the triable issues involved in the suits for specific performance. The Court emphasized that when significant factual and legal questions arise, appeals should not be summarily dismissed. The judgment of the Trial Court, which decreed the suits for specific performance based on the plaintiffs' readiness and possession of the property, was upheld, highlighting the necessity for a thorough examination of the case.

B.K. SRI HARSHA (D) BY L.R. vs M/S. BHARATH HEAVY ELECTRICALS LTD. · Niyam