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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
MOHAMMAD NAWAZ, T. G.SHIVASHANKARE GOWDA
N. Anand Rao, S/o. Sri. N. Rangaiah – Appellant
Versus
K.R. Radhika, W/o. Sri. H. Ravindra – Respondent
JUDGMENT :
T.G. SHIVASHANKARE GOWDA, J.
In this appeal, respondent Nos.5 and 6 have challenged the order passed in Final Decree Proceedings No.23/2011 on 28.11.2018 by the Principal Senior Civil Judge and C.J.M., Ballari (for brevity ‘the FDP Court’).
2. The appellants were the respondent Nos.5 and 6, respondent No.1 was the petitioner and respondent Nos.2 to 5 were respondent Nos.1 to 4 before the FDP Court. Hence, for the sake of convenience, parties shall be referred to as per their status before the FDP Court.
3. The brief facts of the case are, the petitioner as plaintiff has filed a suit in O.S.No.74/2006 against the respondent Nos.1 to 4/defendants No.1 to 4, seeking grant of partition and separate possession of her share in three properties consists of item No.1, a house property in Kh.No.9, K.H.B.Colony, 1st Cross, Gandhinagar, Ballari and item Nos.2 and 3, two landed property situated at Somasamudra village, Ballari taluk. The suit came to be decreed by judgment and decree dated 16.12.2010 granting 6/25th share in favour of the petitioner, 6/25th share each in favour of respondent Nos.1 to 3 and 1/25th share in favour of respondent No.4. Challenging the said judgment and decr
The court reaffirmed that partition must balance the established rights of original owners against claims of subsequent purchasers, applying equitable principles under the Partition Act, 1893.
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....
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 established that under the Partition Act, a court may direct the sale of property instead of division when it is determined that division is not feasible or would not be beneficial to the s....
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.
Power To Sell Share - Under Section 3(1) of Act, court has power to sell share or shares to shareholder who offers highest price above valuation made by court.
The first Appellate Court must address all issues and contentions raised by the parties and record findings supported by reasons on all issues and contentions.
The main legal point established in the judgment is that once a party agrees to the mode and manner of partition before the Commissioner, they cannot resile from the same.
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