SC no to regularise claims in pending property cases

 The Supreme Court has directed that the courts in the country should not encourage and regularise the transactions, conducted during the pendency of the case in connection with the suit property. A bench comprising Justices Arijit Pasayat, Lokeshwar Singh Panta and P Sathasivam while partly allowing an appeal against the Karnataka High Court judgment, dated June 15 and 17, 2006, noted, ‘In fact the courts are not supposed to encourage pendente lite transactions and regularise their conduct by showing equity in their favour. In such circumstances, we are of the view it is but proper to relegate all the issues in the final decree proceedings and in the case on hand, the same is pending before the trail court.’ Justice Sathasivam, speaking for the bench in 9-page judgment, held, ‘In the light of above discussions we confirm the order of the High Court with regard to impleading the pendente lite purchasers respondent number 8 and 9 herein as parties to the proceedings, whereas other aspects, namely direction for payment of compensation through the Plaintiff and other and working out equity are set aside. However, all the parties are permitted to put forth their claims by way of separate application before the trial court in the final decree proceedings and it is for the trial court to consider the claim/objections of the parties including equity and pass appropriate order in accordance with law.’ A Appellant Sarojamma had sold her shares in the property to purchasers during the pendency of the suit.The apex court, however, disapproved the approach of the High Court in regularising the claim of the purchasers, who had purchased the property while the suit for partition was pending in the court.