[font=""trebuchet ms""]I feel that if disputed questions of fact have arisen for determination, such disputed questions of facts ordinarily would not be entertained by the High Court in exercise of its power of judicial review. [/font]
[font=""trebuchet ms""] Ordinarily, a specific performance of contract would not be enforced by issuing a writ of or in the nature of mandamus, particularly when keeping in view the provisions of the Specific Relief Act, 1963 damages may be an adequate remedy for breach of contract. [/font]
Usually NO!. it is a discretionary relief. Under Article 226 HC can always refuse to step in by issuance of a writ for enforcing contractual remedy. because it is general rule that where there is an alternative remedy, here by approachign a competent civil court, the HC usually may not invoke the extra ordinary writ jurisdiction.