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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R.RAGHUNANDAN RAO
Dhulipudi Rambabu S/o Satyanarayana – Appellant
Versus
Dhulipudi Mohana Rao (Died) – Respondent
ORDER :
1. The petitioner herein had filed O.S.No.152 of 1983 before the Additional Civil Judge (Senior Division), Tenali, for partition of the property, claimed to be joint family property. This suit was filed against two defendants. The 1st defendant was set ex parte, even before the preliminary decree had been passed. Subsequently, a preliminary decree was passed on 22.06.1984. It may also be noted that the plaintiff, at the time of filing of the suit was a minor and was represented by his mother as next best friend.
2. The 1st defendant had passed away and the defendants 3 & 4 came on record as the LRs of the deceased 1st defendant. The defendants 1 to 4 filed I.A.No.758 of 2024 in OS.No.152 of 1983 for appointment of an advocate commissioner for division of the suit schedule property into three equal shares by metes and bounds and to submit a report regarding the said division and for passing of the final decree in pursuance of the preliminary decree.
3. This application was resisted, by the petitioner herein, on various grounds. About 16 grounds were raised by the petitioner. The Trial Judge, by an Order dated 02.04.2025, allowed the application appointing a learned advocate com
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.
A preliminary decree in a partition suit prevents abatement, and counsel's failure to report deaths does not impede the legal process for bringing in representatives, as established by Order XXII Rul....
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.
A preliminary decree can be passed in a suit for partition without first identifying the properties involved in the suit, and the identification of properties can be done subsequent to the declaratio....
In a partition suit, the court has the power to pass a second preliminary decree if circumstances justify it, such as the death of parties or sale or loss of properties. However, this power can only ....
Final decree proceedings in partition suits are initiated by the court regardless of a party's application; thus, the Limitation Act does not apply.
A preliminary decree in a partition suit crystallizes rights but does not finalize partition until a final decree is passed, allowing legislative changes to affect the final distribution.
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