JUMA VIRA HARIJAN-MAHESHWARI vs SHAH MANIBEN JETHALAL CHAPSHI Advocate - P D JADEJA — 40/2017

Case under Contract Act, 1872 Section 037. Disposed: Contested--DISMISSED on 07th May 2026.

Case disposed

SPCS - SPECIAL CIVIL SUIT

CNR: GJKT030019032017

Filing Number

40/2017

Filing Date

09-Feb-2012

Registration No

40/2017

Registration Date

09-Feb-2012

Court

TALUKA COURT, MUNDRA

Judge

5-Principal Senior CIVIL Judge & Addl. CJM

Decision Date

07-May-2026

Nature of Disposal

Contested--DISMISSED

Last updated 21-May-2026

Acts & Sections

Contract Act, 1872 Section 037
Specific Relief Act, 1963 Section 031,034,038

Petitioner(s)

  1. 1.JUMA VIRA HARIJAN-MAHESHWARI

    Adv. K K GADHVI

Respondent(s)

  1. 1.SHAH MANIBEN JETHALAL CHAPSHI Advocate - P D JADEJA

  2. 2.SHAH HARKHCHAND JETHALAL CHAPASHI

    Adv. P D JADEJA

  3. 3.SHAH TARABEN JETHALAL CHAPASHI @ W/O JADAVJI KHIMJI SHAH

    Adv. P D JADEJA

  4. 4.SHAH CHANDANBEN JETHALAL CHAPASHI @W/O SHANTILAL RABHIYA

    Adv. P D JADEJA

  5. 5.SHAH PARESH JETHALAL CHAPASHI

    Adv. P D JADEJA

  6. 6.SHAH KASHTURBEN JEHTALAL CHAPASHI

    Adv. P D JADEJA

  7. 7.MANUBHA KARSHANJI SODHA

    Adv. J J JADEJA

Case History

  1. Case disposedDisposed

  2. 07-May-2026

    JudegementView PDF

    Summary The court dismissed the plaintiff's suit for specific performance of a 2010 land sale agreement, finding that the plaintiff failed to pay the remaining Rs.6,73,000 consideration by the March 21, 2011 deadline and lacked continuous financial readiness to perform. Although the defendants timely fulfilled their obligation to register the land's succession entry, the plaintiff's unsubstantiated claim about removing a mortgage encumbrance was a pretext to evade payment; the sale agreement contained no such condition and the encumbrance existed at signing. The court upheld the defendants' lawful termination and the third party's bona fide purchase status. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 07-May-2026

    Disposed

    Principal Senior CIVIL Judge & Addl. CJM

  4. 11-Mar-2026

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  5. 02-Feb-2026

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  6. 01-Jan-2026

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  7. 04-Nov-2025

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  8. 13-Oct-2025

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  9. 08-Oct-2025

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  10. 04-Sep-2025

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  11. 04-Aug-2025

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  12. 03-Jul-2025

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  13. 10-Jun-2025

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  14. 28-Apr-2025

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  15. 07-Apr-2025

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  16. 01-Apr-2025

    Defendant Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  17. 05-Mar-2025

    Defendant Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  18. 12-Feb-2025

    Defendant Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  19. 28-Jan-2025

    Defendant Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  20. 06-Jan-2025

    Defendant Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  21. 21-Dec-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  22. 04-Dec-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  23. 16-Nov-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  24. 23-Oct-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  25. 05-Oct-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  26. 23-Sep-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  27. 29-Aug-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  28. 28-Aug-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  29. 26-Jul-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  30. 02-Jul-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  31. 07-May-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  32. 05-Mar-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  33. 02-Jan-2024

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  34. 11-Oct-2023

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  35. 09-Aug-2023

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  36. 08-Jul-2023

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  37. 12-Jun-2023

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  38. 13-Apr-2023

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  39. 07-Mar-2023

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  40. 31-Jan-2023

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  41. 06-Jan-2023

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  42. 07-Dec-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  43. 01-Nov-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  44. 12-Sep-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  45. 04-Aug-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  46. 01-Jul-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  47. 11-May-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  48. 12-Apr-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  49. 04-Apr-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  50. 07-Feb-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  51. 03-Dec-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  52. 08-Oct-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  53. 12-Aug-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  54. 02-Jul-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  55. 09-Apr-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  56. 02-Mar-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  57. 11-Dec-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  58. 03-Nov-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  59. 11-Aug-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  60. 09-Jun-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  61. 09-Mar-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  62. 07-Jan-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  63. 03-Dec-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  64. 11-Nov-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  65. 04-Oct-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  66. 06-Sep-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  67. 15-Jul-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  68. 11-Jun-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  69. 01-May-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  70. 13-Mar-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  71. 07-Feb-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  72. 03-Jan-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  73. 14-Nov-2018

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  74. 04-Sep-2018

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  75. 02-Sep-2018

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  76. 06-Jul-2018

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  77. 09-May-2018

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  78. 06-Apr-2018

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  79. 06-Feb-2018

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  80. 11-Jan-2018

    First hearing

    Initial hearing scheduled

  81. 09-Feb-2012

    Case filed

    Registration No. 40/2017

casestatus.in Summary

Summary The court dismissed the plaintiff's suit for specific performance of a 2010 land sale agreement, finding that the plaintiff failed to pay the remaining Rs.6,73,000 consideration by the March 21, 2011 deadline and lacked continuous financial readiness to perform. Although the defendants timely fulfilled their obligation to register the land's succession entry, the plaintiff's unsubstantiated claim about removing a mortgage encumbrance was a pretext to evade payment; the sale agreement contained no such condition and the encumbrance existed at signing. The court upheld the defendants' lawful termination and the third party's bona fide purchase status. This case analysis is maintained by casestatus.in based on publicly available court records.

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