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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Vazeer bee – Appellant
Versus
Sudarshan Raj Kapoor – Respondent
| Table of Content |
|---|
| 1. factual basis for plaintiffs' claims and suit. (Para 1 , 3 , 4) |
| 2. application context and initial pleadings. (Para 2) |
| 3. arguments regarding abatement and joint ownership. (Para 5 , 7 , 8) |
| 4. court's reasoning on abatement and indivisibility. (Para 6 , 10 , 12 , 13 , 14 , 15) |
| 5. application of cpc rules on abatement. (Para 9 , 11) |
| 6. final ruling allowing the revision petition. (Para 16 , 17 , 18) |
ORDER :
LAXMI NARAYANA ALISHETTY, J.
Questioning the legality and validity of the order dated 13.03.2023 passed by VIII Additional District Judge, Ranga Reddy District at L.B. Nagar in IA.No.1 of 2023 in OS.No.602 of 2014, the present Revision Petition is filed.
2. Heard Sri G.Rajesham, learned counsel for revision petitioners, and Sri Bankatlal Mandhani, learned counsel for the respondents.
3. The petitioners are defendants and the respondents are plaintiffs in the suit. For convenience, hereinafter the parties will be referred to as arrayed they are in the suit.
4. In nut-shell, the facts of the case shorn off unnecessary details are that plaintiffs filed the aforesaid suit for perpetual injunction against the defendants in respect of the suit schedule property, i.e., land adme
Death of one plaintiff does not abate suit if the right to sue survives to the remaining plaintiff, under CPC Order XXII Rules.
In a second appeal, concurrent findings of fact by lower courts cannot be disturbed without substantial questions of law, particularly when ownership and possession are unproven.
A party with an interest in the property is a necessary party in a partition suit to ensure just adjudication and prevent collusive decrees.
The trial Court exceeded its jurisdiction by issuing directions beyond the application’s scope, but the status quo regarding the property must be maintained until the main suit is resolved.
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