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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Lakshmanan – Appellant
Versus
Dhanalakshmi – Respondent
| Table of Content |
|---|
| 1. civil procedure concerning partition applications (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding invocation of partition act sections (Para 5 , 6) |
| 3. interpretation of section 2 and section 3 of the partition act (Para 7 , 9 , 10 , 11 , 14) |
| 4. valuation process in partition disputes (Para 8 , 12 , 13 , 15) |
| 5. final dismissal of the civil revision petition (Para 16) |
ORDER :
K. MURALI SHANKAR, J.
1. The Civil Revision Petition is directed against the order passed in I.A.No.97 of 2016 in O.S.No.6 of 2000, dated 09.11.2017 on the file of the Subordinate Court, Sankarankovil, allowing the petition filed under Section 3 of the PARTITION ACT .
2. The revision petitioner as plaintiff has filed a suit in O.S.No.6 of 2000 on the file of the Subordinate Court, Sankarankovil, claiming partition and allotment of 7/18 shares in the suit property. After full trial, preliminary decree came to be passed on 25.04.1991. Aggrieved by the preliminary decree, the first defendant has preferred an appeal before this Court in A.S.No.974 of 1991 and the same came to be dismissed vide judgment and decree, dated 13.03.2001. The plaintiff/decree holder has filed an application in I.A.No.403 of 2010 i
A plaintiff invoking Section 2 of the Partition Act cannot later seek relief under Section 3; only other shareholders can do so, emphasizing strict procedural adherence.
The court ruled that under the Partition Act, a co-sharer can apply to purchase shares at valuation even after a sale order, emphasizing the court's duty to fix the upset price and uphold constitutio....
The court emphasized the necessity of adhering to the Partition Act's provisions, particularly regarding the right of pre-emption and the process for property sales, allowing the second defendant to ....
Power To Sell Share - Under Section 3(1) of Act, court has power to sell share or shares to shareholder who offers highest price above valuation made by court.
The court established that under the Partition Act, a court may direct the sale of property instead of division when it is determined that division is not feasible or would not be beneficial to the s....
Point of Law : In terms of Section 4, the duty is cast upon Court to determine the valuation of the share of the stranger purchaser.
The court upheld the trial Court's decision to auction property instead of partitioning, citing impracticality based on the Advocate Commissioner's report.
The court emphasized the need to consider objections, fix reserved price, and follow the principles of the Partition Act and previous court orders in auctioning the property.
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