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Supreme Court of India 2018-11-28 dismissed

Sunkara Lakshminarasamma (D) by Lrs vs Sagi Subba Raju & Others etc

Bench: 3 — Mohan M. Shantanagoudar

In Brief

The appellants challenged three suits—two for partition of properties and one dismissing their challenge to a specific performance decree. Deceased defendants were not represented by their legal representatives, and some defendants had been deleted from the suit record. The Supreme Court held that the appeals were unmaintainable because allowing them would create conflicting decrees with the final decrees already granted in favor of deleted or deceased defendants. The Court upheld the lower courts' concurrent findings validating two wills that made Veeraswamy the sole owner, confirming his right to sell properties. The appeals were dismissed both on non-maintainability grounds and on merits.

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Civil Procedure Succession Law Specific Performance Partition Wills

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