Murthy 05 March 2025

Development rights

Can injunction be sought against a developer by co-developer under JDA and valuation as a injunction to be tried in civil court or commercial court

Can rights in JDA possess market value under s26 of Karnataka court fee act or just immovable property or it has to be tried in commercial court ?

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Dr. J C Vashista (Advocate ) 05 March 2025

Show the case file to some (other) local prudent lawyer if you are not satified with the performance and advise of your lawyer since nothing can be presumed on the basis of limited facts posted by you.

T. Kalaiselvan, Advocate (Advocate) 05 March 2025

Your questions appear to be hypothetical without any clarity or details hence any opinion in this regard will depend on the factual details.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 05 March 2025

I'll address your queries regarding seeking an injunction against a developer by a co-developer under a Joint Development Agreement (JDA) and related valuation and court fee aspects.

Injunction Against Developer: - *Availability*: A co-developer can seek an injunction against a developer under a JDA for breaches or disputes related to the agreement. -

*Jurisdiction*: The jurisdiction for seeking an injunction would typically lie with the civil court or commercial court, depending on the nature of the dispute and the court's jurisdiction. Valuation for Injunction:

- *Market Value*: The valuation of rights under a JDA can be complex and may involve assessing the market value of the development rights, which can be considered as having market value under Section 26 of the Karnataka Court Fees Act. Court Fee Act: - *Section 26*: Section 26 of the Karnataka Court Fees Act provides for the computation of court fees based on the market value of the property or rights in dispute. -

*Immovable Property*: The Act specifically mentions immovable property, but the valuation of development rights under a JDA can be considered as having market value for the purposes of court fees. Commercial Court: -

*Jurisdiction*: Commercial courts have jurisdiction over disputes related to commercial transactions, including JDAs. -

*Valuation*: In commercial courts, the valuation of development rights under a JDA would be considered based on market value principles. To determine the appropriate court and valuation approach, consider consulting a lawyer specializing in property and commercial disputes. They can provide guidance tailored to your specific situation and help navigate the complexities of the JDA and court fee aspects.

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Development rights

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