Case Synopsis

Dr. Amit Arya vs Kamlesh Kumari, 2025 INSC 1486.

Essence / Gist: The Supreme Court ruled that a decree for specific performance is not rendered inexecutable merely due to the decree-holder's delay in depositing the balance consideration after a successful appeal. Applying the doctrine of merger, the Court held that time limits in a Trial Court's decree do not survive once it merges with an Appellate Court's decree that is silent on time. Emphasizing substance over technicality, the Court restored the execution, noting that delay alone, without a positive refusal to perform, cannot defeat the equitable remedy of specific performance.

1. Heading of the Judgment

• Case Name: Dr. Amit Arya vs Kamlesh Kumari

• Citation: 2025 INSC 1486

• Court: Supreme Court of India

• Judges: Justice Sanjay Karol and Justice Manoj Misra

• Disposition: Appeal Allowed.

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