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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
S.P.Suresh S/o Late S.P Satish – Appellant
Versus
Vinoda Satish W/o Late S.P.Satish – Respondent
ORDER :
M.NAGAPRASANNA, J.
The petitioner - the respondent in FDP.No.181/2011, is at the doors of this Court seeking slew of prayers, which are as follows:
“(i) Issue a writ of certiorari or any other writ, order, rule or direction to quash and set aside the concluding portion of the Order dated 14 November 2024 (ANNEXURE – A) passed by the XVIII Additional City Civil and Sessions Judge, Bengaluru (CCH-10) in FDP 81/2011, wherein it held that the Petitioner’s claim for mesne profits will be considered only after completion of the auction process.
(ii) Set aside the order dated 26.11.2024 (ANNEXURE – A) passed by the XVIII Additional City Civil and Sessions Judge, Bengaluru (CCH-10) in FDP 81/2011 whereby the Petitioner’s bid for purchase of Schedule Property is not acquiesced.
(iii) Direct the Trial Court to determine the Petitioner’s share in the rental income from the Schedule Property in accordance with law;
(iv) Direct the Trial Court to conduct the proceedings for sale / auction of the Schedule Property strictly as per the provisions of Partition Act, 1893.
(v) Issue such others or directions that this Hon’ble Court may deem fit to pass in the facts and circumstances of the case, inc
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 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....
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.
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 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....
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 emphasized the necessity of adhering to the Partition Act's provisions, particularly regarding the right of pre-emption and the process for property sales, allowing the second defendant to ....
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 emphasized the need to consider objections, fix reserved price, and follow the principles of the Partition Act and previous court orders in auctioning the property.
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