KHEMCHAND SHANKAR CHOUDHARY AND ANOTHER versus VISHNU HARI PATIL AND OTHERS
Transferees pendente lite of partition suit property, whose interest is undisputed, have locus standi to seek equitable partition under Section 54 CPC before Revenue authorities, and the Collector should consider their claims even if not named in the decree.
- Parties
- Appellant: Khemchand Shankar Choudhary; Appellant: Hemani Sharma; Respondent: Vishnu Hari Patil
- Jurisdiction
- India
- Judgment Date
- 03 December 1982
- Procedural Posture
- Civil Appeal / Appeal by Special Leave After Dismissal of Writ Petitions by Bombay High Court
- Outcome
- Appeal allowed
- Legal Topics
- Partition, Equitable Partition, Transferee Pendente Lite, Section 54 CPC, Section 52 Transfer of Property Act
Case Brief
Summary, issues, holding and outcome
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Parties
Khemchand Shankar Choudhary
Appellant
Hemani Sharma
Appellant
Vishnu Hari Patil
Respondent
Procedural Posture
Civil Appeal / Appeal by Special Leave After Dismissal of Writ Petitions by Bombay High Court
Legal Issues
- 1 Whether transferees pendente lite during partition proceedings under Section 54 CPC have locus standi to seek equitable partition before Revenue authorities even if not impleaded as parties in the civil suit
Ratio Decidendi
Transferees pendente lite of partition suit property, whose interest is undisputed, have locus standi to seek equitable partition under Section 54 CPC before Revenue authorities, and the Collector should consider their claims even if not named in the decree.
Court Disposition
Appeal allowed
Orders
- Orders of the High Court, State Government, and Commissioner set aside
- Partition effected by Collector set aside
Full Case Text
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