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GAURANG KANTH
Rajendra Kumar Gupta @ Rajender Kumar Gupta – Appellant
Versus
Soobash Garg @ Subhash Garg – Respondent
JUDGMENT
Gaurang Kanth, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
CM APPL. 19945/2023
1. This is an application filed by respondent No.1 for putting a quietus to the inter se dispute between the parties.
2. Respondent No.1 has filed the present application whereby respondent No.1 prays that the present preliminary decree may be modified to the extent that the appellant shall be getting 60% and respondents No. 1 and 3 shall be getting 20% share each in the property i.e, Flat No.95-A, Pocket-A, Mayur Vihar Phase-II, Delhi-110092. The appellant states that he has no objection to the present application being allowed and further states that if the present application is allowed, he will withdraw the present appeal.
3. Learned Trial Court vide the impugned judgment, passed a preliminary decree of partition in respect of all the three suit properties holding that the appellant and respondents No.1 to 3 are entitled to have 25% share in each of the suit properties. The appellant challenged the said preliminary decree only to the extent of his share in Flat No.95-A, Pocket-A, Mayur Vihar Phase-II, Delhi-110092. It is the case of the appell
The main legal point established in the judgment is the application of the Hindu Succession Act, 1956 to determine the devolution of property amongst the legal heirs, and the rejection of the appella....
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.
Failure to appeal a preliminary decree precludes contesting its correctness in final decree appeals.
A legal heir is bound by the actions of the common ancestor and cannot challenge them.
A preliminary decree in a partition suit, once attained finality, cannot be re-determined, and the court must proceed to pass a final decree in accordance with established legal principles.
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