SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Ker) 187

K.ABRAHAM MATHEW
YUNUS C. M. – Appellant
Versus
C. M. ABOOBACKER – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI. C.A.CHACKO, SMT. C.M. CHARISMA, SMT. MEGHA K. XAVIER

JUDGMENT :

In a suit for partition what is the procedure to be followed when the court finds that division of the property by metes and bounds cannot be conveniently or reasonably made ?

2. The petitioner is the 1st defendant, respondents 1 and 2 the plaintiffs and the other respondents defendants 2 to 7 in the suit from which this Original Petition arises. The suit is for partition of 2.3 areas of land with a house thereon. A preliminary decree was passed directing its partition. The petitioner and respondents 3 and 4 are entitled to 1/6 share each. Respondents 1 and 2 together are entitled to 2/6 shares and respondents 5 to 8 together are entitled to 1/6 share. The commissioner appointed by the court in the final decree proceedings reported that partition of the property by metes and bounds cannot be conveniently made as its extent is too small. The learned Munsiff ordered sale of the property under the provisions of the Partition Act of 1893. Thereafter the petitioner filed an application to permit him to purchase the share of the other co-owners. No orders have been passed on it. In this O.P he prays for issuance of certain directions to the court below.

3. Heard the learned couns



































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top