have the effect of restoring the attachment
retrospectively so as to affect alienations made during the
period between dismissal of the suit or execution applica ... order of restoration of the said
case would not affect any alienation made before the
restoration although such alienations might have been
made during
Reddy (retired) was appointed as a
Commission to enquire into the alienations affected by the
then previous Commissioner. In the said ... Endowment lands shall be affected without the
permission of this Court till further orders. No
compromises shall be affected under Section 89 till
further orders
Provided that nothing contained in this sub-
section shall affect or invalidate any disposition
or alienation including any partition or
testamentary disposition of property which ... date of commencement of the
amending Act), would not be affected.
8. The next important section from our point of view
is Section 8 , which
Supreme Court has
dealt about the Anglo-Saxon common law on ‘alienation of affection’ and impact
of extra marital relationship in the Indian context
provide for restricting on
alienation. Thereby both the orders passed by the Assistant
Commissioner and the Deputy Commissioner restoring the
alienation made even after lapse ... such restriction has been
held to have no legal force to affect the alienation.
Accordingly, the writ petition came to be allowed.
17. While exercising
registered sale deed can
11
be taken away on the premise that alienated property is an
ancestral property.
12. The Apex Court in the case ... granting share in the property already alienated. If the parties
complaining that the alienation have affected their right, if
subsequent transfer and alienation is done
share even in items no.2
and 3 and the alienation would not affect their rights
16
in terms of State amendment under Section ... ancestral
property is sold without there being legal necessity,
that alienation would not affect the rights of non-
alienating coparceners and it is presuppose that
alienating joint family ancestral properties, it is a trite
law that the plaintiff who is not party to this
alienation, her right is not affected
partition in the
family and if they are really affected by alienation
made by their mother, that should constitute a best
cause of action
suit
schedule property to M/s.BPCL and any such
alienation would affect his right of appeal before
this Court.
In these circumstances, there shall
