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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C. BEHERA
Damayanti Tarei – Appellant
Versus
Kailash Tarei – Respondent
| Table of Content |
|---|
| 1. challenge to partition decree process. (Para 1 , 2 , 3 , 4 , 5) |
| 2. legal question on sustainability of court order. (Para 6 , 7) |
| 3. procedural law governing partition and commissioner reports. (Para 8 , 9 , 12) |
| 4. defendants' objections to allotment reviewed. (Para 10 , 11) |
| 5. court findings support dismissal of petition. (Para 13 , 14) |
JUDGMENT :
This Civil Miscellaneous Petition under Article 227 of the Constitution of India, 1950 has been filed by the petitioners against the Opposite Parties praying for quashing(setting aside) an order dated 07.01.2019 (Annexure-1) passed in C.S.No.43 of 2013(F.D.) by the learned Senior Civil Judge, Balasore.
3. The factual backgrounds of this Civil Miscellaneous Petition, which prompted the petitioners/defendants for filing of the same is that, after the preliminary decree passed in the suit for partition vide C.S. No.43 of 2013, final decree proceeding thereof under Order-20, Rule-18 of the C.P.C., 1908 was started.
The appointed civil court Amin commissioner submitted report, partition map and allotment sheets on dated 14.11.2017 in the said final decree proceeding, to which, the petitioners/defendants objected under the following
The acceptance of a commissioner's report in partition proceedings can be upheld by the court unless substantial evidence is provided to challenge its findings.
In partition suits, established procedures involving a commissioner's report must be adhered to; objections require substantial evidence to be upheld against such reports.
The Court emphasized the need for proper measurement of plots as per sale deeds for partition and reiterated the position of law in respect of partition of immovable properties through the Court Comm....
An application under Article 227 challenging an order accepting a Partition Commissioner's Report is maintainable until a final decree is passed in the partition suit.
A preliminary decree in a partition suit crystallizes rights but does not finalize partition until a final decree is passed, allowing legislative changes to affect the final distribution.
Judicial and quasi-judicial authorities must provide reasons for their decisions to ensure transparency, accountability, and adherence to principles of natural justice.
(1) Reasons – Reasons for superseding the first Commissioner’s report must be recorded in writing by the Court.(2) Second Commission – The dissatisfaction can be before the submission of the report o....
Parties must raise objections during proceedings to ensure procedural fairness; failure to object undermines claims of prejudice in final decrees.
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