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Supreme Court of India 2019-04-26 dismissed

MS. GOLI VIJAYALAKSHMI vs YENDRU SATHIRAJU (DEAD) BY LRS

Bench: 2 — A.M. Khanwilkar, Ajay Rastogi

In Brief

Ms. Goli Vijayalakshmi and others appealed against a judgment partially decreeing a suit for property ownership. The suit originally named three co-defendants claiming joint rights. One defendant (Yendru Sathiraju's heir) died during appeal proceedings, and his legal representatives were not substituted within the prescribed time, causing the appeal to abate as to him. The remaining appellants sought to continue the appeal. The Court held that because the suit properties form a single indivisible unit that has not been demarcated among the defendants, and a decree had already become final against the deceased defendant, proceeding would create mutually contradictory and unenforceable decrees. Accordingly, both appeals were dismissed as wholly abated."

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Civil Procedure Abatement of Suit Property Law Succession and Legal Representatives Contradictory Decrees

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