Supreme Court · 2022 INSC 1027 · Decided 27 September 2022
Moreshar S/O Yadaorao Mahajan v. Vyankatesh Sitaram Bhedi (D) THR. LRS. and Others
- Court
- Supreme Court of India
- Citation
- 2022 INSC 1027 · [2022] 7 S.C.R. 259
- Case number
- CIVIL APPEAL No. 5755/2011
- Decided
- 27 September 2022
- Bench
- BHUSHAN RAMKRISHNA GAVAI, C.T. RAVIKUMAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Suit - Necessary party - Non-joinder of - Suit, if maintainable - Plaintiff filed suit for specific performance admitting that the suit property was jointly owned by defendant, his wife and three sons - However, trial court held that the defendant was suit property and thus, there was no question of joinder of his wife and three sons - Suit decreed, defendant was directed to execute the sale deed by accepting the balance sale consideration as per the terms of the agreement to sell - Appeal filed by defendant, dismissed -
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