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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 :
1. Heard learned counsel for the parties.
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.
3. A suit for partition was filed, on the first occasion, in O.S. No. 205/1994 in which the petitioner was arrayed as a defendant. The preliminary decree passed in the said suit has become final as against the petitioner herein. However, two of his sisters were not arrayed as parties. An attempt made by them subsequently during the final hearing of the proceedings, did not yield any fruit. Thereafter, they filed an independent Suit in O.S. No. 47/2014 seeking partition. During the pendency of the said suit, they filed an application seeking yet another preliminary decree in the earlier suit against the petitioner before us. A
Court emphasized the necessity of including all relevant properties in partition suits and the importance of allowing full cross-examination to uphold justice.
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....
The court upheld that delays in legal proceedings must be adequately explained, particularly when seeking to overturn ex parte judgments.
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