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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, K.MANMADHA RAO
N. Gopal N Chugh, S/o Nichaldas Since Dead, By His Lrs. – Appellant
Versus
Vandana G Thakur Alias N. Shobha, W/o Gopal Das D Thakur – Respondent
| Table of Content |
|---|
| 1. facts surrounding the partition of a partnership firm. (Para 4 , 5 , 6) |
| 2. arguments regarding the validity of the preliminary decree. (Para 10 , 11 , 13 , 14) |
| 3. court's considerations on the finality of the decree. (Para 15 , 16) |
| 4. ratios on challenges to final decrees versus preliminary findings. (Para 17 , 18) |
| 5. conclusion dismissing the appeal due to lack of valid grounds. (Para 19) |
JUDGMENT :
This appeal is filed challenging the order dated 23.08.2021 passed by the VI Additional City Civil and Sessions Judge in FDP No.141/2010.
3. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.
5. Respondent No.2 filed O.S.No.8516/1999 before the XXXVIII Additional City Civil Judge, Bengaluru ('trial Court' for short) seeking partition and separate possession of 1/4th share in the suit schedule A, B, C, E, F and G properties and 1/2 share in suit schedule D property, to declare the comprise decree as null and void and to direct defendant No.1 to render accounts of the partnership firm and pay mesne profit for the suit schedule properties.
7. Aggrieved by the judgment passed by the trial Court, defendants No.1, 2 and 5 filed RFA
A final decree in partition proceedings cannot be contested based on previous appeals of the preliminary decree without valid grounds, reaffirming the binding nature of prior judgments.
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 preliminary decree for partition while limiting the shares of certain defendants, emphasizing the need for resolution of the plaintiff's share before final decree.
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 in a partition suit, once attained finality, cannot be re-determined, and the court must proceed to pass a final decree in accordance with established legal principles.
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....
Multiple preliminary decrees are permissible in partition suits when circumstances change, allowing inclusion of properties not initially decreed, provided issues are framed for proper adjudication.
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....
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 ....
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