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M. M. SUNDRESH, PRASHANT KUMAR MISHRA
A. Krishna Shenoy – Appellant
Versus
Ganga Devi G. – Respondent
| Table of Content |
|---|
| 1. background of the partition suit and decrees (Para 2 , 3) |
| 2. petitioner's arguments against decree confirmation (Para 4 , 5 , 6) |
| 3. court's reasoning and analysis on compliance (Para 7 , 8 , 9) |
| 4. conclusion and dismissal of the petition (Para 10 , 11) |
ORDER :
2. This special leave petition has been filed by the appellant, aggrieved over the judgment of the High Court confirming the supplementary preliminary decree granted in favour of his sisters, who have been arrayed as respondents No. 1 and 2 before us.
4. Learned senior counsel appearing for the petitioner submitted that the mandate of Order XLI, Rule 31 of the Code of Civil Procedure (for short ‘CPC’) has not been complied with. Having filed a separate suit in the year 2014, the separate application is hit by Section 10 of the CPC.
6. Both the Courts have wrongly construed the wills relied upon by the petitioners, in disbelieving the evidence of the witnesses, who attested. In support of his contention, learned counsel has made reliance upon the decisions rendered by this Court in Malluru Mallappa (Dead) Through Legal Representatives v. Kuruvathappa and Others, (2020) 4 SCC 313 and Somakka (Dead) by Legal Repres
The court's discretion to implead a third party as a defendant in a partition suit after the passing of a preliminary decree is guided by factors such as whether the third party's rights are affected....
A partition suit concludes with the final decree, and parties cannot seek modification of shares based on subsequent legislative changes after the final decree is passed.
Once a preliminary decree for partition is passed, the suit does not abate upon the death of any party, and appointing an advocate commissioner does not require conducting a trial.
An absent co-sharer in a partition suit can be added post-preliminary decree under exceptional circumstances to ensure effective adjudication, reaffirming the necessity for all relevant parties to be....
In partition suits, the principle of transposition allows for the substitution of legal heirs even if some parties have died, provided the title is not in dispute, and a decree passed against decease....
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