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september 2015

Supreme Court of India · 2015-09-23

SHARADAMMA vs MOHAMMED PYREJAN(D) TR.LRS.

Citation / case number
SC 2013/37317
Court
Supreme Court of India
Petitioner
SHARADAMMA
Respondent
MOHAMMED PYREJAN(D) TR.LRS.
Author
ARUN MISHRA
Bench
ARUN MISHRA KURIAN JOSEPH

Judgment text excerpt

The Supreme Court held that the dismissal of an appeal due to the appellant's release of interest in the property is illegal. The Court emphasized that under Order 22 Rule 10 and Rule 11 of the Code of Civil Procedure, a party can continue an appeal despite transferring property rights during its pendency. The Court clarified that the failure of the assignee to apply for impleadment does not warrant dismissal of the appeal, allowing the original appellant to continue proceedings for the benefit of the assignee.

SHARADAMMA vs MOHAMMED PYREJAN(D) TR.LRS. · Niyam