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P.N.Suresh Babu

High Court Of Kerala|30 June, 2014
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JUDGMENT / ORDER

The petitioner is after all a pendente lite transferee who cannot insist on passing supplementary preliminary decree. The petitioner has taken assignment of the property subject to the result of the suit only. The petitioner has to work out his rights after allotment of the property in specie to his transferor.
2. The Court below has refused leave to implead the petitioner who claims to have purchased 1/8th share out of 1/3rd share alloted to a sharer. Such pendente lite transferees cannot be permitted to voice their contentions in the final decree proceedings and complicate the issues.
The impugned order does not suffer from any error of jurisdiction warranting interference. The original petition fails and is dismissed.
DCS V.CHITAMBARESH JUDGE
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Title

P.N.Suresh Babu

Court

High Court Of Kerala

JudgmentDate
30 June, 2014
Judges
  • V Chitambaresh
Advocates
  • H Hamza Rowther
  • Sri
  • Khan Sri