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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY
Padmarajamma Since Dead Represented by LRs. Rukminidevi – Appellant
Versus
Shanthamma Since Deceased Represented by Legal Heirs Smt. Ranganayaki – Respondent
| Table of Content |
|---|
| 1. petitions consolidated for common order. (Para 1 , 2 , 3) |
| 2. background of partition suit and decrees. (Para 4 , 8 , 9 , 10) |
| 3. arguments regarding item no.3's inclusion. (Para 5 , 6 , 7) |
| 4. modification of preliminary decree allowed. (Para 14 , 15 , 16 , 17) |
| 5. court allowed petitions and set aside prior orders. (Para 18 , 20 , 21) |
ORDER :
1. Writ petition No.12825 of 2021 is filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 12.02.2021 in F.D.P.No.33 of 2012 and Writ petition No.5623 of 2021 is filed to set aside the order dated 06.02.2020 passed on I.A.No.1 of 2019 in FDP.No.33 of 2012 by the Court of XV Additional City Civil & Sessions Judge, Bengaluru.
2. Since these two petitions arise out of a common proceedings, they are heard together and disposed of by this common order with the consent of the learned counsel appearing for the parties.
3. Heard the Learned counsel for the parties.
4. Facts leading to filing of this petition narrated briefly are, petitioners herein had filed O.S.No.4163 of 1989 seeking the relief of partition and separate possession of the suit schedule property. The said suit was partly decreed on 17.
Preliminary decrees in partition cases can be modified based on supervening circumstances, and newly claimed rights must be adjudicated even after initial decisions are made.
A preliminary decree in partition cases cannot be reopened during final decree proceedings, ensuring established determinations are upheld.
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.
Will validly proved by attesting witness; plaintiff failed to establish joint family property for partition entitlement.
Joint family property laws affirm equal entitlement to heirs in intestate succession, rejecting claims of prior partition absent conclusive evidence.
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