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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 appeals challenge High Court orders upholding dismissals of partition suits and decreeing specific performance of a property sale agreement. The plaintiff's son Veeraswamy had inherited properties by two Wills (1932 and 1968) and alienated them to multiple defendants. Three courts consistently found both Wills validly proved, making Veeraswamy the absolute owner. The Supreme Court dismissed the appeals on two grounds: (1) non-maintainability, as many defendants were deleted or deceased without bringing legal representatives on record, and allowing the appeals would create conflicting decrees with finalized judgments; and (2) on merits, as the courts below correctly held the Wills proved and Veeraswamy's alienations valid.

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Civil Procedure Partition Wills and Succession Specific Performance Property Law

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