Supreme Court · 2015 INSC 694 · Decided 23 September 2015
Sharadamma v. Mohammed Pyrejan (D) Through LRS. &ANR.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 694 · [2015] 9 S.C.R. 352
- Case number
- CIVIL APPEAL No. 7889/2015
- Decided
- 23 September 2015
- Bench
- KURIAN JOSEPH, ARUN MISHRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 - Or. •22 r. 10, 11 - Assignment/release of rights during pendency of appeal - C Suit for declaration of title and for restoration of possession by appellant- Dismissed by trial court-Appeal thereagainst dismissed by the High Court on the ground that appellant suit property in favour of her 0 daughter- Sustainability of- Held: Not sustainable - Merely due to the assignment or release of the rights during the pendency of the appeal, appellant did not lose the right to continue the appeal- Merely by transfer of the property during the pendency of the suit
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