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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Baby Suvarna, W/o. Late Babu Salian – Appellant
Versus
Umesh Salian, S/o. Late Kotiappa – Respondent
JUDGMENT :
H. P. SANDESH, J.
1. This miscellaneous second appeal is filed against the judgment and decree dated 02.01.2023 passed in R.A.No.122/2020 allowing the appeal and setting aside the judgment and decree dated 03.03.2020 passed in F.D.P.No.16/2012 and remanding the matter to the Trial Court to proceed in accordance with the Partition Act, 1893 (‘the said Act’ for short).
2. The factual matrix of the case is that respondent No.1 had filed a suit in O.S.No.192/2009 for partition of the suit schedule property. The Trial Court after adjudication of the same, passed the judgment and decree declaring that the plaintiff is entitled for 5/6th share in the plaint schedule property and it shall be divided into six equal shares by metes and bounds. On the basis of the judgment and decree, the plaintiff preferred petition for final decree to allot 5/6th share in the plaint schedule property by appointing an advocate Commissioner with the assistance of ADLR Surveyor. In the final decree proceedings, respondent Nos.1 to 4 appeared through their counsel, but they did not file any objections. The Court appointed the Court Commissioner to effect partition and on the basis of the preliminary dec
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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 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.
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 First Appellate Court erred in reversing the Trial Court's decree, failing to consider res-judicata and the finality of previous judgments regarding property ownership.
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