Malathi v. Rajakumari
Case brief
What is this about?
High Court in a civil revision dismissed the challenge to an order impleading a subsequent purchaser as a party in final decree proceedings of a partition suit, relying on Supreme Court and High Court precedents on lis pendens.
What did the court decide?
Civil Revision Petition dismissed; no order as to costs; connected miscellaneous petition closed.
What the court decided
C.R.P.(NPD)No.1150 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2021
CORAM :
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.R.P.(NPD)No.1150 of 2018 &
C.M.P.No.5963 of 2018
Malathi .... Petitioner
Vs.
1.Rajakumari
2.Chellammal
3.Mallika
4.Rajesh
5.Vanitha
6.Lakshmanan
7.Rajalakshmi
8.Sushila
9.Mrs.Vembu
10.Valarmathi .... Respondents
PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, against the Fair and Decreetal order made in I.A.No.293 of 2016 in I.A.No.128 of 2010 in O.S.No.65 of 2010, dated 10.10.2017, on the file of the Subordinate Judge Court, At Mannargudi.
For Petitioner : S.S.Thiruvenkataswamy For Respondents : Mr.G.Vasudevan For Mr.S.Thirumavalavan for R-1
No appearance for R2 to R10
.....
Page No.1/10 https://www.mhc.tn.gov.in/judis/
Issues for consideration
2 issues framed by the court
Whether a subsequent purchaser of suit property is a necessary or proper party to be impleaded during final decree proceedings in a partition suit.
Whether a civil revision petition filed against an order allowing impleadment of a subsequent purchaser has merit.
Parties & counsel
- petitioner
Malathi
- respondent
Rajakumari
Coram
K.KALYANASUNDARAM
Case details
As recorded by the court registry
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