JUDGEMENT

SURAJ GOVINDARAJ, J. - (1.)The petitioner is before this Court seeking for the following reliefs:
a) Review its order dtd. 9/10/2019 on I.A No.1/19 in RFA 1226/2016 in the interests of justice and equity.

b) Award cost and litigation expenses.

c) Pass such other order or directions this Hon'ble Court may deem fit in the interest of justice and equity, including remanding the matter to the lower court for trial on an expedited basis.

(2.)The petitioner, who is the appellant in the Regular First Appeal, is represented by her husband and GPA holder, who has appeared as a party-in-person. The petitioner is seeking a review of the order dtd. 9/10/2019 passed in IA-1/2019 in RFA No.1226/2016.
(3.)By way of the said order, this Court modified the interim order granted on 18/2/2019 by observing that any alienation to be made by the respondents shall be subject to the result of the appeal and subject to Sec. 52 of the Transfer of Property Act, ['T.P.Act' for short]. The review petition has been filed on the following grounds:
3.1. The proposition of law on which the impugned order dtd. 9/10/2019 is based permitting alienation of greater than one dozen of immovable properties, is unsound in law.

3.2. The application for review is justified for sufficient reasons.

3.3. It is inequitable to the petitioner for the Court to permit creation of third-party rights in admittedly coparcenary undivided agricultural lands which leads to multiplicity of proceedings.



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.