CONNECTED WITH APPELLANT. (By Shri. P.D.Surana, Advocate)

Similar documents
IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE B.S.PATIL. W.P.No.4857/2013 (SC/ST)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON'BLE MR. JUSTICE ANAND BYRAREDDY. REGULAR FIRST APPEAL No.2130 OF 2010 CONNECTED WITH

SUBJECT : Court Fees Act. FAO (OS) No.239/2007. Reserved on : 25th September, Decided on: 28th November, Versus

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON BLE MR. JUSTICE P.S.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON'BLE MR.JUSTICE DILIP B.BHOSALE AND THE HON'BLE MR.JUSTICE B.MANOHAR ITA NO.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY. WRIT PETITION Nos OF 2015 AND

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE: THE HON BLE MR. JUSTICE ANAND BYRAREDDY. WRIT PETITION Nos OF 2015 (CS-RES)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND THE HON BLE MRS.JUSTICE S SUJATHA ITA NO.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No OF 2019 (Arising out of S.L.P.(C) No of 2018) VERSUS

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MR. JUSTICE B.MANOHAR COMPA NO.

Decided on: 08 th October, 2010

* IN THE HIGH COURT OF DELHI AT NEW DELHI. versus % CORAM: HON BLE MS. JUSTICE ARUNA SURESH

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS OF Versus. The State of Bihar & Ors. Etc...

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS OF 2010 SHREYA VIDYARTHI...APPELLANT VERSUS J U D G M E N T

IN THE COURT OF APPEAL. and BERNARD LIDDIE. and ST. KITTS & NEVIS ANGUILLA NATIONAL BANK LTD

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI RENT CONTROL ACT Date of Judgment: RC.REV. 169/2012 & CM Nos.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL No(s). 176 OF 2019 (Arising out of SLP (CRL.) No.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE B.S.PATIL. R.S.A.No.941/2010

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR SPECIFIC PERFORMANCE. Judgment reserved on : December 10, 2008

IN THE HIGH COURT OF KARNATAKA, BANGALORE PRESENT THE HON BLE MR. JUSTICE N.KUMAR AND THE HON BLE MRS.JUSTICE RATHNAKALA

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR POSSESSION RSA No.190/2011 DATE OF DECISION : 22nd January, 2014

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO(S).9310/2017 (Arising from Special Leave Petition(s)No.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27 TH DAY OF JULY 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND

Central Administrative Tribunal Principal Bench New Delhi. OA No.571/2017

IN THE HIGH COURT OF KARNATAKA, BANGALORE PRESENT. THE HON'BLE Mr. JUSTICE AND. STRP Nos OF 2013*

REPORTED * IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of Decision : December 06, 2010 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL

-1- MFA No OF 2015 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH PRESENT THE HON BLE MR. JUSTICE H.G.RAMESH AND

IN THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH B BEFORE SHRI JASON P BOAZ, ACCOUNTANT MEMBER AND SHRI N V VASUDEVAN, JUDICIAL MEMBER

BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IN THE HIGH COURT OF KARNATAKA, BENGALURU. DATED THIS THE 14th DAY OF AUGUST, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND

DILLON V. ANTLER LAND COMPANY OF WYOLA. 507 F.2d 940 (9th Cir. 1974)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of Decision: FAO(OS) 455/2012 and CM No.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 28TH DAY OF AUGUST 2012 PRESENT THE HON'BLE MR. JUSTICE K.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : PROPERTY DISPUTE. Date of Order : RFA 577/2007. versus

IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD : PRESENT : THE HON BLE MR. VIKRAMAJIT SEN, CHIEF JUSTICE

BEFORE THE ELECTRICITY OMBUDSMAN (Appointed by the Maharashtra Electricity Regulatory Commission under Section 42(6) of the Electricity Act, 2003)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MRS. JUSTICE S.SUJATHA ITA NO.

IN THE HIGH COURT OF KARNATAKA, BENGALURU PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND THE HON BLE MR.JUSTICE ARAVIND KUMAR

IN THE SUPREME COURT OF INDIA. CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs OF Manimegalai... Appellant(s) J U D G M E N T

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + FAO 276/2010 Reserved on: Decided on: versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : THE COMPANIES ACT, 1956 Date of decision: 1st May, 2012 CO.APP. No.24/2012

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MR. JUSTICE B.MANOHAR C.S.T.A. NO.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR. JUSTICE N KUMAR THE HON BLE MRS. JUSTICE RATHNAKALA

IN THE COURT OF APPEAL BETWEEN. ALAN DICK AND COMPANY LIMITED [Improperly sued as Alan Dick and Company] AND FAST FREIGHT FORWARDERS LIMITED AND

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF Tapan Kumar Dutta...

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + FAO (OS) No.74/2010 & C.M. No.1437/2010

THE STANDARD BANK OF SOUTH AFRICA LIMITED

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Ex F.A 7/2011. Reserved on : Date of Decision :

IN THE HIGH COURT OF DELHI AT NEW DELHI. LPA No.101/2010 and LPA No.461/2010 & CM Appl. Nos /2010. Date of Hearing:

PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND THE HON BLE MRS.JUSTICE S.SUJATHA

COURT OF APPEAL FOR BRITISH COLUMBIA

* HIGH COURT OF DELHI AT NEW DELHI + RSA 221/2014 & CM APPL.13917/2014. Through: Nemo. CORAM: HON BLE MR. JUSTICE V.K. SHALI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER. Date of decision: 7th March, LPA No. 741/2011

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO.4249 OF 2018 (Arising out of S.L.P.(c) No.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.2015 OF 2007 VERSUS J U D G M E N T

IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad A Bench, Hyderabad

ludgment OF THE COURT The appellant, School of st. Jude Limited has appealed against the

DELHI DEVELOPMENT AUTHORITY Through: Mr Ajay Verma, Adv. Through: Mr R.K. Saini, Adv with Mr Sitab Ali Chaudhary, Adv. AND LPA 709/2012.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU. Present THE HON BLE MR JUSTICE VINEET SARAN THE HON BLE MR JUSTICE B MANOHAR O S A 1 / 2015

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL Nos OF 2018 (Arising out of S.L.P.(C) Nos of 2018)

Case 3:09-cv N-BQ Document 201 Filed 05/16/17 Page 1 of 13 PageID 3204

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2019 (Arising out of SLP (Civil) No.

IN THE ITAT BANGALORE BENCH C. Vinay Mishra. Assistant Commissioner of Income-tax. IT Appeal No. 895 (Bang.) of s.p. no. 124 (Bang.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of decision: 16th December, 2013 RFA No.581/2013.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE BUDIHAL R.B.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. ITA No. 217 of 2002 Date of decision Commissioner of Income Tax(Central) Ludhiana

F.A.110 of 2004 Shri Arun Chandra Dey V. Shri Debasish Ghosh & Ors. Mr. Sukanta Chakraborty,

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI RENT CONTROL ACT, 1958 RSA No. 38/2014 & CM No.2339/2014 DATE OF DECISION : 4th February,2014

Indian Employees [ Judgment - 68 ] NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE VINEET SARAN AND THE HON BLE MRS.JUSTICE S SUJATHA

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW. Original Application No. 06 of 2018

Indus Tower Limited and another. State of Andhra Pradesh and others

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 9. + W.P.(C) 6422/2013 & CM No.14002/2013 (Stay) versus. With W.P.(C) 4558/2014.

BEFORE SHRI VIJAY PAL RAO, JM & SHRI RAJENDRA, AM

Court of Appeals of Ohio

IN THE SUPREME COURT OF THE STATE OF DELAWARE

No. 52,166-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

Olympic Industries vs Mulla Hussainy Bhai Mulla... on 7 July, 2009

SUPREME COURT OF INDIA

IN WP No.22770/2016 BETWEEN:

HANCKE et MUSI JJ MUSI J

IN THE COURT OF APPEAL IPOC INTERNATIONAL GROWTH FUND LIMITED. and

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PERPETUAL INJUNCTION FAO (OS) NO. 157 OF Date of Decision : 10th July, 2007.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD. SPECIAL CIVIL APPLICATION NO of 2014

REPORTED * IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHE A, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.1381 OF Chennai Port Trust.Appellant(s) VERSUS

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH NEW DELHI APPEAL NO. 35 OF Versus

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW. Original Application No. 11 of Thursday, this the 15th day of March, 2018

IN THE HIGH COURT OF KARNATAKA AT BANGALORE. DATED THIS THE 13 th DAY OF DECEMBER 2013 BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND THE HON BLE MRS.JUSTICE S. SUJATHA

IN THE HIGH COURT OF BOMBAY AT AURANGABAD. First Appeal No. 63 of Decided on :

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: F NEW DELHI BEFORE SH. G.C. GUPTA, VICE PRESIDENT AND SH. INTURI RAMA RAO, ACCOUNTANT MEMBER.

Devilal Modi, Proprietor, M/S... vs Sales Tax Officer, Ratlam And... on 7 October, 1964

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI. Tuesday, 09th April 2013 APPEAL NO. 57 OF 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI RENT CONTROL ACT. Date of Judgment: CM(M) 1549/2010. Mr.Girish Aggarwal, Adv.

Transcription:

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03 RD DAY OF MARCH 2015 BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY MISCELLANEOUS CIVIL NO.9695 OF 2010 IN REGULAR FIRST APPEAL No.971 OF 2010 CONNECTED WITH MISCELLANEOUS CIVIL NO.9661 OF 2010 IN REGULAR FIRST APPEAL No.972 OF 2010 MISCELLANEOUS CIVIL NO.8863 OF 2010 IN REGULAR FIRST APPEAL No.973 OF 2010 MISC.CVL.No.9695/2010 In R.F.A.No.971/2010 BETWEEN: Smt. Lalitha Kothari, Wife of Suresh Kothari, Aged about 37 years, Residing at No:92, 3 rd Floor, 2 nd Main Road, Seshadripuram, Bangalore 560 020. (By Shri. P.D.Surana, Advocate) APPELLANT

2 AND: 1. Sri. V. Sathyanarayana Rao, Son of Late B.Venkoba, Aged about 57 years, Residing at No.29, 9 th Cross, Swimming Pool Extension, Malleshwaram, Bangalore 560 003. 2. Sri. Thirupathi Reddy, Aged about 71 years, Son of Late B. Venkoba Rao, Residing at No.4, 12 th Cross, AECS Layout, Sanjaynagar, Bangalore 560 094. RESPONDENTS (By Shri. S. Gangadhar Aithal and Shri. N.G.Sreedhar, Advocates for Respondent No.1; Respondent No.2 served ) ***** This Miscellaneous Civil filed under Section 151 of the Code of Civil Procedure, 1908, praying to permit the appellant to prefer the appeal R.F.A.No.971/2010. MISC.CVL.No.9661/2010 In R.F.A.No.972/2010 BETWEEN: Smt. Lalitha Kothari, Wife of Suresh Kothari, Aged about 37 years,

3 Residing at No:92, 3 rd Floor, 2 nd Main Road, Seshadripuram, Bangalore 560 020. APPELLANT (By Shri. P.D.Surana, Advocate) AND: 1. Sri.B.N.Harshath, Aged about 38 years, Son of Late Sri. B.Narayan, 2. Smt. B.N.Mynavathi, Aged about 49 years, Daughter of Late N.Narayan, 3. Smt. B.N.Shailaja, Aged about 41years, Daughter of Late B.Narayan, No.20/1, 9 th Cross, 1 st Main, Govindaraj Nagar, Vijayanagar Post, Bangalore 560 040. 4. Sri. Thirupathi Reddy, Aged about 71 years, Son of Late B. Venkoba Rao, Residing at No.4, 12 th Cross, AECS Layout, Sanjaynagar, Bangalore 560 094. RESPONDENTS (By Shri. S. Gangadhar Aithal, Advocate for Respondent Nos.1 to 3;

4 Respondent No.4 served ) This Miscellaneous Civil filed under Section 151 of the Code of Civil Procedure, 1908, praying to permit the appellant to prefer the appeal R.F.A.No.972/2010. MISC.CVL.No.8863/2010 In R.F.A.No.973/2010 BETWEEN: Smt. Lalitha Kothari, Wife of Suresh Kothari, Aged about 37 years, Residing at No:92, 3 rd Floor, 2 nd Main Road, Seshadripuram, Bangalore 560 020. APPELLANT (By Shri. P.D.Surana, Advocate) AND: 1. Sri. V. Sathyanarayana Rao, Son of Late B. Venkoba Rao, Aged about 57 years, Residing at No.29, 9 th Cross, Swimming Pool Extension, Malleshwaram, Bangalore 560 003. 2. Sri.V.Shivaji Rao, Aged about 52 years, Wife of Late B. Venkoba Rao,

5 3. Sri. V.Prakash Rao, Aged about 47 years, Son of Late B. Venkoba RAo, 4. Sri. V. Ashok Babu, Aged about 45 years, Son of Late B. Venkoba Rao, 5. Smt. V. Ambujakashi, Aged about 56 years, Daughter of Late Sri. B. Venkoba Rao, 6. Smt. V. Gayathri, Aged about 46 years, Daughter of Late B. Venkoba Rao, 7. Smt. Usha, Aged about 40years, Daughter of Late Venkoba Rao, 8. Smt. V. Nandini, Aged about 30 years, Daughter of Late B.Venkoba Rao, 9. Smt. V. Malini, Aged about 25 years, Daughter of Late B. Venkoba Rao, Residing at No.29, 9 th Cross, Swimming Pool Extension, Malleshwaram, Bangalore 560 003 10. Sri. Thirupathi Reddy, Aged about 71 years, Son of Late B. Venkoba Rao,

6 Residing at No.4, 12 th Cross, AECS Layout, Sanjaynagar, Bangalore 560 094. RESPONDENTS (By Shri. S. Gangadhar Aithal, Advocate for Respondents 1 to 10 [vakalath not filed vide order dated 2.8.2011 in RFA No.971/2010] ) This Miscellaneous Civil filed under Section 151 of the Code of Civil Procedure, 1908, praying to permit the appellant to prefer the appeal R.F.A.No.973/2010. These Applications having been heard and reserved on 25.02.2015 and coming on for pronouncement of Orders this day, the Court delivered the following:- ORDER ON MISCELLANEOUS CIVIL NOS.9695/2010 IN RFA 971/2010, 9661/2010 IN RFA 972/2010 AND 8863/2010 IN RFA 973/2S010 These appeals are by the same appellant. A similar application is filed in each of the appeals, seeking leave of the court to prefer the appeal. The appellant was not a party to the suit in which the judgment and decree, under challenge, had been rendered. This common order is passed on the said applications. The factual background is as follows: The plaintiff, who is the respondent in the first of these appeals, had claimed that his father, late B. Narayan, had purchased a

7 house site bearing no.4 formed in land bearing Survey No.28/1 of Mallenahalli, under a sale deed dated 19.9.1980 from one Yeshodhamma and her children, Govardhan and Geetha. The plaintiff had claimed that the property, which was presently within the jurisdiction of the Bruhat Bangalore Mahanagara Palike (BBMP), was identified as No.5/6, Palace Guttahalli road, Sheshadripuram, Bangalore. It was claimed that the land bearing Survey No.28/1 of Malenahalli was purchased by one D.N.Ramaiah under a sale deed dated 7.1.1947 from one W.H.Hanumanthappa. He is said to have retained land measuring 1072 Square yards. He is said to have died. He had bequeathed the land under a will dated 11.5.1974, to his daughter-in-law, Padmavathamma. There was said to be a suit for partition amongst the sons of D.N.Ramaiah, which is said to have ended in a compromise in appeals before this court in RFA 535/2002 and other connected cases. It is the appellant s case that she had purchased the said property bearing no.5/6 from the defendant - respondent no.2, and

8 that in terms of the compromise entered into between the parties in the above said appeals, this property was not allotted to any party nor was it shown to have been sold. It is subsequently that Padvathamma, who had bequeathed the property under the will of Ramaiah, which will was confirmed by all the parties to the compromise, sold the said property to Tirupathi Reddy, respondent no.2 from whom the appellant is said to have purchased the property. The suit for injunction filed by the plaintiff having been decreed restraining Tirupathi Reddy, under whom the appellant claims, from interfering with the suit property, the present appeal in RFA 971/2010 is filed. The two connected appeals in RFA 972 and 973 of 2010 were also filed in the same circumstances, only that the plaintiffs therein were said to be purchasers of two other house sites formed in the same land. They had also approached the court seeking identical reliefs, against the same Tirupathi Reddy, from whom the appellant had purchased those sites as well.

9 The applications were opposed by the plaintiff - respondents in each of the appeals, on maintainability. It is contended that the plaintiffs had, in fact, sought to implead the appellant as a party defendant in the suits, and the said applications were said to have been opposed by the appellant and the trial court had rejected the applications on the ground that there was no cause of action pleaded against the appellant, who was the proposed defendant. In that view of the matter, it is asserted that the appellant is estopped from seeking to prefer this appeal. It is also contended that pursuant to the compromise entered into by the vendors of the plaintiffs, in RFA 591/2002 and connected cases, the vendor of the appellant, Tirupathi Reddy, is said to have filed an application to implead himself as a party to the proceedings, and the same is said to have been rejected by a Division Bench of this court, reserving liberty to the said Reddy to file a separate suit, if he chose to air his grievances. Therefore, it is contended that the appellant claiming under Reddy, cannot claim a higher right to prefer these appeals.

10 In so far as the above objections are concerned, it is indeed seen that there was no cause of action pleaded in the first instance against the present appellant in those suits, filed against her vendor. The rejection of the applications on that ground was therefore in order. The second objection as to the vendor of the appellant having been denied an audience in the earlier appeals would not also be relevant. The appellant is aggrieved by the relief granted by the trial court, which restrains anyone claiming under the defendant from interfering with the suit property. The appellant claims under the defendant, Tirupathi Reddy. Without reference to the merits of the case, this court was concerned with the larger question as to the circumstances in which a person, who was not a party to the suit, could file an appeal against a judgment and decree by the court of first instance, and in the absence of pleadings and evidence on behalf of such an appellant as a part of the record, how would an appellant seek to sustain the challenge. After having heard the counsel for the parties at length,

11 and on a consideration of the case law, the following legal position is discernible. The Code of Civil Procedure, 1908, does not provide as to who can prefer an appeal. A party to a proceeding has a right to prefer an appeal, when such appeal is allowed by law. As to whether a person who is not a party can file an appeal under such circumstances, Courts in India have been following the practice of the Chancery Court, which is summarized in Halsbury s Laws of England as follows : Any of the parties to an action or matter and any persons served with notice of the judgment or order may appeal (by leave, where leave is necessary ). A person who is not a party and who has not been served with such notice cannot appeal without leave, but a person who might properly have been a party may obtain leave to appeal It is also noticed that the following dictum of Lindley L. J., in Re.Securities Insurance Co., (1894) 2 Ch 410, has been quoted with approval in a large number decisions, by the Courts in India:

12 Now, what was the practice of the Court of Chancery before 1862, and what has it been since. I understand the practice to be perfectly well settled that a person who is a party can appeal ( of course within the proper time) without any leave, and that a person who without being a party is either bound by the order or is aggrieved by it, or prejudicially affected by it, cannot appeal without leave. It does not require much to obtain leave. If a person alleging himself to be aggrieved by an order can make out even a prima facie case, he should have leave he will get it; but without leave he is not entitled to appeal. The question came up before the Supreme Court in Nookala Seetharamaiah v. Kotaiah Naidu, AIR 1970 SC 1354, and the above passage was quoted with approval and it was noted that the said proposition has been accepted by the High Courts in India. We may also refer to the following passages from Corpus Juris Secundum : Broadly speaking, a party or person is aggrieved by a decision when, and only when it

13 operates directly and injuriously upon his personal, pecuniary or property rights In legal acceptation a party or person is aggrieved by a judgment, decree or order, so as to be entitled to appeal whenever it operates prejudicially and directly upon his property or pecuniary rights, or upon his personal rights and only when it has such effect It has also been pointed out in several decisions that the question whether such leave should be granted or not is a matter which lies in the discretion of the Court of appeal and that no hard and fast rule can be laid down in the matter, the decision in each case depending upon its own facts and circumstances. One test in granting leave is whether a party could properly have been made a party to the original proceeding. (See Province of Bombay v. WI Automobile Association, AIR 1949 Bom141, Heersingh v. Veerka, AIR 1958 Guj, 127, Shivarayya v. Siddamma, AIR 1963 Mys, 181 and Executive Officer v. Raghavan Pillai, AIR 1961 Ker 114.)

14 In the instant matters on hand, as already pointed out, the judgment and decree in each of the cases, does impact on the appellant. Secondly, if there had been appropriate pleadings, the applications filed to implead the appellant in the respective suits may even have been allowed. The appellant claiming as a purchaser of the suit properties from the defendant was certainly a necessary and proper party, not withstanding a dispute as to the proper identity of the suit properties. Therefore, leave is granted to the appellant to prosecute these appeals. Sd/- JUDGE nv*