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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.R.KRISHNA KUMAR, C.M.POONACHA
Basagouda, S/o. Shidagouda Chanagoudar – Appellant
Versus
Iragoudam S/o. Balagouda Kenchagoudanavar @ Patil – Respondent
JUDGMENT :
S.R. KRISHNA KUMAR, J.
This appeal arises out of the impugned order dated 07.12.2023 passed in F.D.P. No.10/2022 by the Senior Civil Judge, Hukkeri, Itinerary Court at Sankeshwar (hereinafter referred to as, ‘the Trial Court’), as well as the consequent final decree dated 10.01.2024 passed by the Trial Court.
2. Heard the learned counsel for the appellants and perused the material on record.
3. Respondents having been served with the notice of this appeal have chosen to remain unrepresented and have not contested the appeal.
4. A perusal of the material on record will indicate that the appellants/plaintiffs instituted a suit in O.S. No.194/2021 seeking partition and separate possession of their legitimate share in the suit schedule immovable properties and for other reliefs.
5. It is a matter of record and undisputed fact that the suit ‘A’ schedule properties comprised of item Nos.1 to 16 being landed and agricultural properties, while suit ‘B’ schedule properties consisted of items Nos.1 and 2 being house properties. By judgment and decree dated 03.09.2022, the Trial Court decreed the suit thereby allotting 1/6th share in favour of the appellants/plaintiffs in both suit ‘A’ s
Parties may submit objections to Court Commissioner reports in final decree proceedings, allowing for reconsideration of oversight in property partition cases.
The Court emphasized the need for proper measurement of plots as per sale deeds for partition and reiterated the position of law in respect of partition of immovable properties through the Court Comm....
The final decree in a partition suit must comply with the preliminary decree, which is binding, and any deviations must be justified under proper legal procedures.
The court upheld the partition and equitable distribution of property based on the Commissioner's report, emphasizing the importance of amicable resolution in family disputes.
The court affirmed that due process is crucial in partition proceedings, requiring court commissioners to adhere strictly to procedural mandates, including personal property inspections for accurate ....
The court affirmed that a partition executed based on a Commissioner's report is valid and should not be overturned without substantial justification, maintaining the finality of previous decrees.
Partition proceedings require careful consideration of equitable distribution and market value assessment to ensure fairness among co-owners, as emphasized in the judgment.
A property not capable of partition due to practical constraints may be sold under the Partition Act, despite objections from co-owners regarding involuntary sale.
Parties must raise objections timely during proceedings; failure to do so constitutes acquiescence, validating the final decree and its property distribution.
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