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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Janaki, W/o Late Sanjeeva Sapalya – Appellant
Versus
Gopi @ Vatsala – Respondent
| Table of Content |
|---|
| 1. facts surrounding the partition suit. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. arguments regarding mishandling of the case. (Para 13 , 14 , 15 , 16 , 17) |
| 3. court's observations on procedural issues. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 35 , 36) |
| 4. legal principles regarding decree and occupancy rights. (Para 33 , 34 , 41 , 42 , 47 , 48) |
| 5. final conclusion of the court dismissing the appeal. (Para 51 , 52) |
JUDGMENT :
V. SRISHANANDA, J.
Heard Sri Ravishankar Shastry, learned counsel for the appellants and Sri G. Nataraja Ballal A., learned counsel for contesting respondents.
2. Present appeal is filed challenging the order passed by the First Appellate Court in unnumbered R.A……../2018, whereby I.A.No.II filed by the appellants in the said appeal under Section 5 of the LIMITATION ACT came to be rejected, consequently, appeal came to be rejected, whereby decree of the trial Court in O.S.No.77/1996 got confirmed.
3. Facts in the nutshell for disposal of the present appeal are as under:
A suit for partition and separate possession came to be filed in respect of the following properties (hereinafter referred to as ‘suit properties’)
The court confirmed that a partition suit continues despite the death of a party, and the discretion to accept or reject a compromise petition must prevent illegalities.
The court emphasized that technicalities should not be allowed to annul the adjudication made by the trial court and the appellate authorities, and that substantial justice should be done to the liti....
A consent decree is binding on all parties, including those who are ex-parte. An appeal must be filed within the limitation period starting from the date of decree, not later.
The right to appeal should not be curtailed solely on technical grounds of delay where it may lead to injustice, especially in light of extraordinary circumstances such as a pandemic.
A compromise decree passed in accordance with the prayer made in the suit, the written statements filed by all the parties, and the compromise filed by all the parties to the suit cannot be set aside....
Point of law – Condonation of delay - Appellant had been served and had knowledge of the filing of the suit, but she voluntarily chose not to enter appearance. Since the appellant failed to appear, s....
The main legal point established in the judgment is that the alienation of coparcenary property in violation of a court order is not valid, and properties given in lieu of arrears of maintenance cann....
Court emphasized that rejection of plaint under CPC Order VII Rule 11 is a drastic measure to be used sparingly, requiring careful scrutiny of plaint averments while avoiding reliance on defense clai....
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