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J. B. PARDIWALA, R. MAHADEVAN
Sulthan Said Ibrahim – Appellant
Versus
Prakasan – Respondent
Based on the provided legal document, here are the key points regarding the judgment:
| Table of Content |
|---|
| 1. background of a property dispute involving performance of an agreement. (Para 3 , 4 , 5) |
| 2. court affirms previous rulings and bar of res judicata. (Para 22 , 34) |
| 3. final disposition orders implementation of decrees. (Para 42 , 68) |
JUDGMENT :
1. Leave granted.
3. The present appeal arises from the judgment and order dated 29.11.2021 passed by the High Court of Kerala at Ernakulam in OP(C) No. 2290 of 2013 whereby the High Court dismissed the original petition filed by the appellant and thereby affirmed the order passed by the Principal Sub Judge, Palakkad in I.A. No. 2348/2012 in O.S. No. 617/1996 rejecting the application filed by the appellant seeking the deletion of his name from the array of parties.
4. The appellant is the grandson of one Late Jameela Beevi. Late Jameela Beevi was the original defendant in O.S. No. 617 of 1996, instituted by the respondent no. 1 herein (original plaintiff) before the Principal Sub Court, Palakkad seeking specific performance of the agreement to sell dated 14.06.1996 executed between the original plaintiff and the original defendant, whereby the original defendant undertook to transfer the suit property to the original plaintiff f
(1) Addition/deletion of parties in suit/appeal – Power to strike out or add a party to proceedings under Order I Rule 10 of CPC can be exercised by Court at any stage of proceeding.(2) Res Judicata ....
No time limit for impleadment under Order XXII Rule 10 CPC on devolution of interest; delay condoned if bona fide with no prejudice; distinguishes from abatement on death; transferee pendente lite bo....
A transferee pendente lite is entitled to be impleaded in a suit to protect their interest, and the trial court erred in dismissing the application for impleadment.
Order 1 Rule 10 CPC casts duty upon court to ensure impleadment and deletion of party, which may or may not be necessary for adjudication of case.
A transferee pendente lite is entitled to be impleaded in specific performance suits to protect their interests, validating the need for comprehensive adjudication of rights over the property.
The executing court must adjudicate all questions relating to right, title, or interest in property during execution proceedings, preventing collusion and ensuring timely justice.
Bonafide purchasers without notice of an original agreement can challenge a decree in a separate suit, as the Execution Court cannot adjudicate on the decree's collusiveness.
The High Court's supervisory powers under Article 227 are limited to ensuring subordinate courts act within their authority, and it cannot interfere without evidence of jurisdictional abuse.
A subsequent transferee with a registered sale deed must be allowed to protect her interests in ongoing litigation, demonstrating both necessity and direct interest in the subject matter.
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