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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S VISHWAJITH SHETTY
M. Abdul Khuddus S/o Late Abdul Kareem – Appellant
Versus
Abdul Gafoor S/o. Late. Abdul Kareem – Respondent
ORDER :
S.VISHWAJITH SHETTY, J.
1. Petitioners are before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set-aside the order dated 05.12.2020 passed in FDP No.3/2006 by the Court of V Addl. City Civil and Sessions Judge, Benglauru City.
2. Heard the learned counsel for the parties.
3. Facts leading to filing of this petition as revealed from the records are, OS No.3721/1985 was filed seeking the relief of partition and separate possession of the suit schedule property. The said suit was decreed on 28.01.2002. Final order in terms of the preliminary decree passed in OS No.3721/1985 was passed by the Trial Court in FDP No.3/2006 on 18.07.2012. Challenging the same, petitioners herein had filed RFA No.1479/2012 which was dismissed by this Court on 30.01.2020 with a direction to the Trial Court to conclude the final decree proceedings expeditiously. Thereafter, the order impugned was passed by the Trial Court partly accepting the Court Commissioner's Report dated 14.08.2009 which was filed in FDP No.3/2006. Aggrieved by the said order, petitioners are before this Court.
4. Learned counsel for the petitioners having reiterated the groun
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 need to consider objections, fix reserved price, and follow the principles of the Partition Act and previous court orders in auctioning the property.
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 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 ....
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 upheld the trial Court's decision to auction property instead of partitioning, citing impracticality based on the Advocate Commissioner's report.
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 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....
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