declaration and recovery of possession as prayed for?
4.Whether any alienation affecting the suit property would attract provisions of Hindu Religious and Charitable Endowment
move the Court to grant
relief by injunction restraining the karta from alienating the
coparcenary property."
On the same point reliance is placed upon ... injunction, which was refused and that they could only
challenge the alienation affected by the Karta and they have
no right to restrain him from
doubt that nothing
contained in sub section shall affect or invalidate any
disposition or alienation including any partition: or
testamentary disposition of property which ... applicable, then the Fesul tant wpesiti tion would be
that the alienation affected : prior 0 December h2004
cannot be questioned anc nd isis created under
State vs . Raj Kumar on 24 February, 2011
IN THE COURT OF Dr. KAMINI LAU
suit. The section only
postulates a condition that the alienation will in no
manner affect the rights of the other party under any
decree which ... such alienation which has been effected during the
pendency of the suit is that the alienation will in no manner affect
the rights
hereunder and the moveable properties in my possession absolutely with powers of alienation.
2. If any one of my said three daughters has no issue ... other daughters having heirs. If anyone without issue as mentioned above affects any alienation that will not be valid. This will should come into force
land;
(ii)
whether the alienation was just and fair; and
(iii)
whether the alienation, in any way, would adversely affect the
interest of the Trust ... alienation in question? (ii)
whether the proposed alienation is fair and just? (iii) whether the
proposed alienation, in any way, adversely affects the interest
interim injunction, when
alienation is prevented, the same cannot be said to be perverse and even
otherwise, such alienation is affected by the concept
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 ... affect
--
(a) the right of any creditor to proceed against the son,
grandson or great-grandson, as the case may be; or
(b) any alienation
pendens would operate and if any alienation is effected by the respondent, it would be affected by doctrine of lis pendens as per Section ... alienation is done by the respondent in the meanwhile, the right of the appellant is likely to be affected.
17. At this juncture, the judgment