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SACHIN SHANKAR MAGADUM
B. V. Pramodha Kumar – Appellant
Versus
Durga Prasad – Respondent
JUDGMENT
Sachin Shankar Magadum, J.
The captioned second appeal is filed by respondents 5 to 12 in the final decree proceedings, who are assailing the decree passed by the FDP Court in confirming the sale of suit schedule property in favour of respondent No.14 and consequently, issuing a sale certificate by collecting a proper stamp and thereby granting Rs.1,17,083/- to the plaintiff out of the sale consideration, in satisfaction of the preliminary decree drawn in O.S.No.353/1992.
2. The facts leading to the case are as under:
Respondent No.1 namely B.S. Jaivandas filed a suit for partition and separate possession in O.S.No.353/1992. The said suit was decreed by the Court granting 1/12th share to the plaintiff/first respondent by judgment and decree dated 27.1.1996. First respondent before this Court, who is no more, initiated final decree proceedings in FDP.No.16/2008. A Commissioner was appointed to report feasibility of partition in terms of the preliminary decree drawn by the Court. The Court commissioner on spot inspection submitted a report indicating that partition is not feasible. It is in this context, respondent No.14 filed an application and an auction was held within the fa
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Unlike a stranger purchaser in a public auction, a co-sharer himself has a pre-existing right in suit schedule property. parties are given an option to go for auction to see that intrinsic value of s....
The court affirmed that under the Partition Act, when division by metes and bounds is impractical, public auction of shared property is permissible, with priority given to co-sharers only if they exp....
Court affirmed that a party actively participating in auction cannot contest its validity on procedural grounds absent clear evidence of fault.
The court upheld the auction of inherited property despite claims of procedural violations, emphasizing the discretion exercised in partition sales confirmed by prior decrees.
A request for public sale under Section 2 of the Partition Act is essential for a co-owner to invoke rights under Section 3, and mutual clarity in requests is critical for maintaining property within....
The court affirmed that final decree proceedings under the Partition Act must adhere to clear judicial directives and allowed parties the right to participate in property auction sales as mandated by....
The court ruled that under the Partition Act, a co-sharer can apply to purchase shares at valuation even after a sale order, emphasizing the court's duty to fix the upset price and uphold constitutio....
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