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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. overview of petition process and facts (Para 1 , 2 , 3 , 4) |
| 2. challenge to the court's earlier order (Para 5 , 6 , 7) |
| 3. procedural requirements for partition (Para 8 , 9) |
| 4. defendants' grounds for challenge (Para 10 , 11) |
| 5. court's validation of commissioner's report (Para 12 , 13) |
| 6. final dismissal of the petition (Para 14) |
JUDGMENT :
1. 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.
(i) an excess area of 900 sq. links (those are not in possession of the parties) have been illegally allotted in favour of the plaintiffs.
The plaintiffs objected to the said petition dated 30.07.2018 of the defendants statin
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 acceptance of a commissioner's report in partition proceedings can be upheld by the court unless substantial evidence is provided to challenge its findings.
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.
Parties must raise objections during proceedings to ensure procedural fairness; failure to object undermines claims of prejudice in final decrees.
(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....
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