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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Devashis Baruah
Sonaban Khatun W/o Late Sahar Ali – Appellant
Versus
Daliman Bibi W/o Md. Abdul Rahim – Respondent
| Table of Content |
|---|
| 1. (Para 2 , 4 , 5 , 8 , 9 , 10 , 11 , 16 , 18 , 19 , 20 , 21 , 22 , 25 , 26 , 33 , 34) |
| 2. court analyzes maintainability of the appeal. (Para 12 , 17) |
| 3. court discusses implications of section 97 of the code. (Para 24) |
JUDGMENT :
Devashis Baruah, J
Heard Ms. R. Choudhury, the learned counsel appearing on behalf of the appellants and Mr. A. R. Sikdar, the learned counsel appearing on behalf of the respondent No.1. None appears on behalf of the other respondents on call.
2. This is an appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short ‘the Code’) challenging the judgment and decree dated 10.05.2024 passed by the learned District Judge, Bongaigaon (hereinafter referred to as the learned First Appellate Court) in Title Appeal No.6/2022 whereby the appeal was dismissed affirming the judgment and decree dated 07.03.2019 passed by the learned Civil Judge, Bongaigaon (hereinafter referred to as the learned Trial Court) in Title Suit (P) No.31/2014.
3. It is seen from the records that vide an order dated 30.08.2024, the learned Coordinate Bench of this Court had admitted the instant appeal by formulating three substantial questions of law which are re
The court ruled that an appeal against a preliminary decree remains valid even after a final decree, emphasizing the need to assess the merits of the case.
An appeal against a final decree is maintainable even if no appeal is filed against the preliminary decree, provided the correctness of the preliminary decree is not challenged.
Point of law: It is a settled legal proposition that not only administrative but also judicial order must be supported by reasons, recorded in it. Thus, while deciding an issue, the court is bound to....
The preliminary decree under the U.P. Revenue Code is a final order determining the rights of parties, making it appealable despite being labeled interlocutory.
The court ruled the necessity of hearing appeals against preliminary and final decrees simultaneously in partition suits to ensure a just resolution of shares and rights, emphasizing that the final d....
Failure to appeal a preliminary decree precludes contesting its correctness in final decree appeals.
Execution of final decree – claim of share - first respondent cannot take shelter under this provision for seeking enhancement when she herself admits to have taken possession and received money by e....
The court emphasized that if events and supervening circumstances occur necessitating a change in shares after the passing of the preliminary decree and before the final decree is passed, there is no....
A preliminary decree in a partition suit which provides specific mechanisms for partition or sale in the event of impartibility is enforceable, and the court should proceed suo motu to finalize parti....
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