IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
Jose Joseph – Appellant
Versus
Usha – Respondent
| Table of Content |
|---|
| 1. background of partition suit and lower court decisions. (Para 1) |
| 2. substantial questions of law framed. (Para 2) |
| 3. parties' arguments on transfers and lis pendens. (Para 3 , 4 , 5) |
| 4. transfers valid post-preliminary decree; remand for fresh final decree. (Para 6 , 7 , 8 , 9) |
JUDGMENT
This appeal raises a peculiar question. In a preliminary decree for partition, the 7th respondent herein was allotted 1/4th share in the plaint schedule property in O.S. No. 94 of 1998 of Sub Court, Neyyattinkara. Pending the issuance of final decree, it appears that the property was acquired by the Government. There was a clamour for receipt of compensation among the sharers. Subsequently, the 7th respondent in the final decree proceedings and the 2nd defendant in the suit, who is the mother of the 2nd appellant sold the property to the 1st appellant herein. The 1st appellant sought to implead himself in FDA No. 1598 of 2008 and was impleaded as the 17th respondent. The 17th respondent raised a plea that the shares liable to be allotted in favour of the 2nd defendant in the suit who was impleaded as the 7th respondent in the final decree proceedings be assigned in his favour. Other c
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