Smt.Shanti Devi vs District Judge Gonda And Others. on 1 July, 2024
HIGH COURT
restraining the Defendants by way of permanent
injunction from in any way alienating or selling away the properties to
third parties.
27. M.Srinivasan ... property and preventing the Defendants from
alienating the properties, has prayed for a declaration that the
alienation affected by the Defendants is null and void
arose in the month of August 2013;
they were unaware of the alienation. On a plain
reading of the plaint, it discloses the cause ... determined at the trial. Apart from
this, how the alienation affects the rights of minor
plaintiff Nos.1 to 7 and also whether the plaintiffs
with by any party to
the suit or proceeding so as to affect the rights of
any other party thereto under any decree or order ... transferred by a party to the litigation; and
f. The alienation must affect the rights of any other party to the dispute
deprived the child from the parental
love and affection. It was a case of parental alienation where
the child, who was in the custody ... love and
affection of the child. Any act of any parent calculated to
deny such affection to the other parent, amounts to alienating
the child
alienate joint family/ancestral properties for
legal necessity or benefit of the estate of the joint
family and the validity of such an alienation would ... alleged share of the plaintiffs and so
long as the said alienations were affected prior to
institution of the suit, it was incumbent upon
Provided that nothing contained in this sub-section shall
affect or invalidate any disposition or alienation including
any partition or testamentary disposition of property ... proviso 6(1) of the Hindu succession Act, If any alienation
partition affected, decree obtained, executed prior to
20.12.2004, the same cannot be reopened
action – Mere fact
that different limitation period arises for two alienations
cannot affect bar under Order 2, Rule 2 – cause of action is
legal basis
share of the plaintiff no.3 in the
suit property would be affected if the suit is ended in her favour. The trial
court ... share during the pendency of the suit but if the said alienation is affecting
the other parties then the said alienation to the extent
right of lessee from complainant was snatched because alienation was
affected by Smt. Raj Kaur and Phulpati beyond their share. Jaipal has been
implicated