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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
Aburvakounder (Died) – Appellant
Versus
Balamurugan – Respondent
ORDER :
Challenging the impugned order rejecting the applications filed under Section 152 of CPC to amend the preliminary decree in O.S.No.310 of 2000 dated 23.04.2002 and to hold that the first plaintiff/first respondent is entitled to 1/4th share in the suit properties and the defendants 2 to 4/petitioners 2 to 4 are jointly entitled to 1/4th share.
2. Brief background of the case are as follows:
2.a. The first plaintiff then was a minor represented by his mother second plaintiff have filed a suit for partition claiming ½ share in the suit properties stating the suit properties are ancestral properties of one Rama Kounder, S/o.Perumal Kounder. The said Rama Kounder got four sons, viz., Srinivasan, Aburvakounder, Arumugam and Balakrishna. The plaintiffs have claimed oral partition in the year 1987 in which the suit properties have been allotted to the first petitioner. The respondents have also stated that the properties items 1 to 9 had fallen to the share of the first petitioner. Therefore, the 1st plaintiff as a co-parcener claimed ½ share and first defendant got ½ share obtained preliminary decree for partition of ½ share in the suit properties. Based on the preliminary decree, t
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.
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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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