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R.V. Raveendran, A.K. Patnaik, JJ
T.G. Ashok Kumar – Appellant
Versus
Govindammal & Anr. – Respondent
| Table of Content |
|---|
| 1. appellant's claim on purchased property during partition suit due to alleged collusion. (Para 2 , 3 , 4) |
| 2. courts upheld dismissal based on the doctrine of lis pendens affecting ownership rights. (Para 5 , 6) |
| 3. legal implications of pending litigation on property transfer and entitlement. (Para 9 , 11) |
| 4. partial title validity for properties based on final decree outcomes. (Para 12) |
| 5. outcome reflects amendment of total dismissals, allowing claims for valid property portions. (Para 16) |
JUDGMENT
R.V.RAVEENDRAN, J.
Notice to respondents was issued limited to the question whether the High Court ought to have decreed the appellant’s suit for declaration and consequential injunction at least in respect of the portion of the suit property which was allotted to the share of second respondent in the earlier partition suit filed by the first respondent. Leave is granted only in regard to that question.
2. The appellant was the plaintiff in a suit for declaration of title and permanent injunction in regard to the suit property, that is, a plot measuring East to West : 49 feet and north south 81 feet, total extent of 3969 sq.ft (forming part of Natham Survey No. 178 (New No. 13
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