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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
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 as possible, having regard to the age of the original suit as well as that of the F.D.P. by allowing this writ petition, in the interest of justice."
2. Heard the learned counsel appearing for the parties.
3. The plaintiffs had filed O.S.No.84/1992 seeking the relief of partition and separate possession of their share in the suit schedule properties. The suit was contested by the defendants. The Trial Court by judgment and decree dated 28.02.2005 had decreed the suit and preliminary decree was accordingly drawn. The said judgment and decree passed in O.S.No.84/1992 was confirmed in appeal by this
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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