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THE HIGH COURT OF KARNATAKA
S VISHWAJITH SHETTY
SMT SOKKAMMA SINCE DEAD BY HER LR M BYRAPPA – Appellant
Versus
H N SONNAPPA – Respondent
| Table of Content |
|---|
| 1. writ petition filed to quash earlier orders. (Para 1) |
| 2. overview of counsel hearings. (Para 2) |
| 3. facts regarding partition lawsuit and earlier proceedings. (Para 3 , 6 , 7) |
| 4. dispute over property inclusion in partition. (Para 4 , 5) |
| 5. arguments regarding validity of property sale. (Para 8) |
| 6. court analysis on multiple preliminary decrees. (Para 9 , 10 , 12 , 14) |
| 7. reiterated principles on partition suits. (Para 11 , 16) |
| 8. inclusion of property left out in earlier suits. (Para 15 , 17) |
| 9. justification for allowing applications. (Para 18) |
| 10. writ petition dismissed. (Para 19) |
ORDER :
1. This writ petition under Article 227 of the Constitution of India is filed by the legal representatives of plaintiff no.1 seeking for the following releifs.
"a. Quash/Set-aside the order dated 09.02.2021 and 08.03.2021 passed on I.As 5 & 6 filed by respondents No.1 and 2 in F.D.P.26/2005 on the file of the V Addl. Senior Civil Judge, Bangalore Rural District (Annexure-A)
b. Dismiss the said I.As filed by respondents no.1 & 2 in F.D.P. 26/2005 on the file of the V Addl. Senior Civil Judge, Bangalore Rural District.
c. Direct the F.D.P. Court to complete the proceedings as expeditiously a
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.
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.
An absent co-sharer in a partition suit can be added post-preliminary decree under exceptional circumstances to ensure effective adjudication, reaffirming the necessity for all relevant parties to be....
The court's discretion to implead a third party as a defendant in a partition suit after the passing of a preliminary decree is guided by factors such as whether the third party's rights are affected....
A preliminary decree can be passed in a suit for partition without first identifying the properties involved in the suit, and the identification of properties can be done subsequent to the declaratio....
A partition suit concludes with the final decree, and parties cannot seek modification of shares based on subsequent legislative changes after the final decree is passed.
A suit for partition may be maintainable without including all properties, and claims of prior arrangements need substantial evidence to be valid.
The main legal point established in the judgment is the distinction between ancestral property and self-acquired property in a partition suit, and the requirement for evidence to support claims of jo....
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