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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
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.
3. The case of appellant in brief is as under: that the suit property was purchased by the second respondent under sale deed dated 4.3.1957; that she was in possession and enjoyment of the suit property as absolute owner and had mortgaged it in favour of appellant’s sister (T.N. Latha) on 30.6.1
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