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R. RAGHUNANDAN RAO, HARINATH NUNEPALLY
Araveeti Venkatramana Reddy – Appellant
Versus
Yerrabali Venugopal Reddy – Respondent
JUDGMENT :
(R. Raghunandan Rao, J.)
1. Heard Sri A. Syam Sundar Reddy, learned counsel appearing for the appellants, Sri Mahadeva Kanthrigala learned counsel appearing for the 1st respondent and learned G.P. for Revenue appearing for respondents 2 to 5.
2. The appellants herein are respondents 5 to 8 in W.P. No. 25983 of 2023. Appellants 3 and 4 along with Smt. A. Krishnamma, who is the mother of appellants 1 and 2 had filed O.S. No. 45 of 1999 before the Senior Civil Judge, Madanapalle against the 1st respondent herein and other persons for partition of certain lands on the ground that the said lands were joint family property in which the appellants 3 and 4 and Smt. A. Krishnamma have a share. On contest, a preliminary decree was passed allotting 1/5th share to Smt. A. Krishnamma and 1/5th share to appellants 3 and 4 herein while allotting 3/5th share to the 1st respondent herein.
3. Aggrieved by this preliminary decree, the 1st respondent had filed A.S. No. 05 of 2010 on the file of VII Additional District Judge, Madanapalle, Chittoor District, which eventually came to be dismissed. Against the said order of dismissal, the 1st respondent preferred S.A. No. 144 of 2016, on the file
A preliminary decree in a partition suit does not constitute a decree under the Andhra Pradesh Rights in Land and Pattadar Passbooks Act for mutation purposes.
The main legal point established in the judgment is that a preliminary decree in a partition suit does not conclusively determine the shares of the parties, and the authority must act independently o....
The preliminary decree under the U.P. Revenue Code is a final order determining the rights of parties, making it appealable despite being labeled interlocutory.
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.
The court ruled the necessity of hearing appeals against preliminary and final decrees simultaneously in partition suits to ensure a just resolution of shares and rights, emphasizing that the final d....
Point of law: It is a settled legal proposition that not only administrative but also judicial order must be supported by reasons, recorded in it. Thus, while deciding an issue, the court is bound to....
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