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R. VIJAYAKUMAR
Jude Prathap – Appellant
Versus
Bavani Rani – Respondent
ORDER :
PRAYER: The Civil Revision Petition has been filed under Article 227 of Constitution of India, to call for the records relating to the fair and decreetal order passed in I.A.No.519 of 2017 in O.S.No.339 of 2017 dated 12.10.2018 on the file of the Subordinate Court, Tiruchendur and set aside the same by allowing this Civil Revision Petition.
The present civil revision petition has been filed by a third party to O.S.No.399 of 2017 on the file of the Subordinate Court, Tiruchendur challenging the dismissal of his application to implead himself in the suit as a party defendant.
(A) Facts leading to the filing of this revision petition are as follows:
2. The respondents 1 to 7 herein as plaintiffs had filed the above said suit on 23.07.2013 as against the respondents 8 to 10 in the revision petition for the relief of partition of their 7/10th share and separate possession. They have further prayed for the relief of permanent injunction as against the first defendant and his men from in any encumbering the suit schedule properties are allotted to the share of the plaintiffs.
3. Along with the suit, the plaintiffs had filed I.A.No.637 of 2013 seeking interim injunction as against the f
Pendente lite purchasers from co-owners are necessary parties in partition suits, and sales executed after the expiration of interim injunctions are valid and subject to the suit's outcome.
Point of law : Suit for partition - In the absence of any details given by the respondents/defendants, and subsequent purchasers may be proper parties and their presence is required only at the time ....
The court affirmed that a purchaser pendente lite is a necessary party in ongoing litigation to ensure all parties with legitimate interests are heard.
In a suit for partition of property, all the members of the family, who have interest and claim over the joint family properties are required to be impleaded. However, if the plaintiff is not claimin....
The court's discretion to implead a third party as a defendant in a partition suit after the passing of a preliminary decree is guided by factors such as whether the third party's rights are affected....
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