VidhiSangh

Supreme Court of India · 21/08/2020

SRI V.N. KRISHNA MURTHY & ANR. ETC. ETC. versus SRI RAVIKUMAR & ORS. ETC. ETC.

[2020] 7 S.C.R. 1148 · 2020 INSC 502

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Purchasers who were not parties to suits challenging agreements to sell failed to establish grounds for leave to appeal. Their independent sale deeds, executed through the owners’ attorneys, were neither challenged nor adjudicated in those suits. The decrees were not judgments in rem and did not bind the purchasers. A non-party seeking appellate leave must demonstrate actual prejudice to legal rights, rather than merely assert it. Refusal of leave was upheld and the appeals dismissed.

Issues

  1. Whether non-party purchasers under independent sale deeds were persons aggrieved entitled to leave to appeal from decrees concerning agreements to sell.

Held

Result

Appeals dismissed. The High Court’s refusal of leave to appeal was upheld; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2020] 7 S.C.R. 1148.