VidhiSangh

Supreme Court of India · 29/01/2025

H. ANJANAPPA & ORS. versus A. PRABHAKAR & ORS.

[2025] 1 S.C.R. 1755 · 2025 INSC 121

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Summary

The Supreme Court set aside a High Court order that condoned a 586-day delay and granted leave to appeal against a specific performance decree to purchasers who bought part of the suit property pendente lite in breach of a temporary injunction. It held the delay was not shown to be for sufficient cause, and explained that while a lis pendens transferee may seek leave to appeal despite rejection of his impleadment application, the grant of leave is discretionary and was unwarranted on these facts.

Issues

  1. Whether the High Court was right in condoning a delay of 586 days in filing a first appeal by subsequent purchasers who were not parties to the suit.
  2. Whether a transferee pendente lite whose application for impleadment under Order I Rule 10 CPC was rejected, and who did not challenge that rejection, can seek leave to appeal against the final decree.
  3. What principles govern the grant of leave to appeal to a person who was not a party to the suit.

Provisions considered

Held

Result

Appeals allowed; the High Court's order condoning delay and granting leave to appeal set aside. The subsequent purchasers left free to pursue appropriate remedies against their vendor to recover the sale consideration.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1755.