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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Rajinikanta Seth – Appellant
Versus
Manoj Kumar Naik – Respondent
| Table of Content |
|---|
| 1. context of ongoing partition appeals. (Para 2 , 3) |
| 2. arguments for and against analogous hearing. (Para 4 , 5) |
| 3. effects of preliminary and final decrees. (Para 6 , 7 , 8) |
| 4. importance of concurrent appeal resolution. (Para 9 , 10) |
| 5. final decision and directive for expedited hearing. (Para 11 , 12) |
JUDGMENT :
1. Heard Mr. K.A.Guru, learned counsel for the Petitioner and Mr. P.K.Satapathy, learned counsel for Opposite Parties.
3. The Plaintiff who is the present Petitioner, filed the suit praying for a decree of partition. The preliminary decree was issued on 30th November 2004 and challenging the same RFA No.92 of 2006 was preferred before the 1st Appellate Court by the Defendants. Said RFA No.92 of 2006 was dismissed for default on 4th February 2019 and subsequently restored on 24th July 2023. But in the meantime, the final decree proceeding was completed drawing final decree dated 12th April 20234. After restoration of RFA No.92 of 2006 on 24th July 2023, RFA No.05 of 2023 was filed challenging the final decree. Since both the appeals were pending, one against preliminary decree and other against final decree before the same Court, the Defendants filed a petition
The court ruled the necessity of hearing appeals against preliminary and final decrees simultaneously in partition suits to ensure a just resolution of shares and rights, emphasizing that the final d....
An appeal against a final decree is maintainable even if no appeal is filed against the preliminary decree, provided the correctness of the preliminary decree is not challenged.
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.
The main legal point established was the interpretation of the decree dated 17th February 2016 as a final decree for partition, influencing the dismissal of the application for a final decree.
Suit is decreed or a preliminary decree is granted within a year or two, the final decree proceeding and execution takes decades for completion. This is an area which contributes to considerable dela....
Point of law: It is a settled legal proposition that not only administrative but also judicial order must be supported by reasons, recorded in it. Thus, while deciding an issue, the court is bound to....
The preliminary decree under the U.P. Revenue Code is a final order determining the rights of parties, making it appealable despite being labeled interlocutory.
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