MARIRUDRAIAH & ORS. versus B. SAROJAMMA & ORS.

Impleadment of pendente lite purchasers as respondents is proper and not to be disturbed, but direction to work out equity and payment of compensation to plaintiffs and other sharers is unsustainable; all issues are to be left for determination in the pending final decree proceedings before the trial court.

Parties: Appellant: Marirudraiah & Ors.; Respondent: B. Sarojamma & Ors.
Jurisdiction: India
Judgment Date: 02 April 2009
Procedural Posture: Civil Appeal / Appeal From High Court Judgment and Order
Outcome: Appeal partly allowed; High Court's order of impleadment affirmed, but direction for payment of compensation and working out equity set aside.
Legal Topics: Partition Suit, Impleadment, Pendente Lite Purchaser, Equity

Civil Procedure Property Law Partition Suit Impleadment Pendente Lite Purchaser Equity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2

Parties

Marirudraiah & Ors.

Appellant

B. Sarojamma & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order

Legal Issues

1 Whether High Court was justified in impleading pendente lite purchasers as party respondents in the appeal
2 Whether High Court was justified in issuing direction for allotment of suit item No.9 in favour of purchasers and for payment of compensation to other sharers

Ratio Decidendi

Court Disposition

Appeal partly allowed; High Court's order of impleadment affirmed, but direction for payment of compensation and working out equity set aside.

Orders

All parties may make separate applications before trial court in final decree proceedings.
Trial court to consider claims including equity and pass orders as per law.