Supreme Court of India
Sharadamma v. Mohammed Pyrejan (d) through Lrs. &anr.
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What the Court ordered
We are of the opinion that the High Court F has gravely erred in law in dismissing the appeal on the aforesaid ground.
Judgment, page 8
From the headnote
Code of Civil Procedure, 1908 - Or. •22 r. 10, 11 - Assignment/release of rights during pendency of appeal - Suit for declaration of title and for restoration of possession by appellant- Dismissed by trial court-Appeal thereagainst dismissed by the High Court on the ground that appellant had released her interest in the suit property in favour of her 0 daughter- Sustainability of- Held: Not sustainable - Merely due to the assignment or release of the rights during the pendency of the appeal, appellant did not lose the right to continue the appeal- Merely by transfer of the property during the
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