PANKAJ JAIN
Virender Singh – Appellant
Versus
Ran Singh (since deceased) through his LRs – Respondent
JUDGMENT :
Pankaj Jain, J.
While issuing notice of motion on 23.09.2022, the following order was passed:-
Counsel for the petitioner states that this preliminary decree has attained finality between the parties vide judgment dated 20.3.2008 (Annexure P-2) passed by the Additional District Judge, Jhajjar; and appeal against the final decree was remanded back by the learned Additional District Judge, Jhajjar vide judgment dated 19.8.2019 (Annexure P-4) as it was not in consonance with the preliminary decree. Counsel for the petitioner further submits that o
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.
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.
In a partition suit, the court has the power to pass a second preliminary decree if circumstances justify it, such as the death of parties or sale or loss of properties. However, this power can only ....
A preliminary decree can be passed in a suit for partition without first identifying the properties involved in the suit, and the identification of properties can be done subsequent to the declaratio....
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....
The main legal point established in the judgment is the requirement for further proceedings and a final decree to completely dispose of a suit, as emphasized by the provisions of Section 2(2) of the ....
Final decree proceedings in partition suits are initiated by the court regardless of a party's application; thus, the Limitation Act does not apply.
Execution of final decree – claim of share - first respondent cannot take shelter under this provision for seeking enhancement when she herself admits to have taken possession and received money by e....
A preliminary decree determining shares in a partition suit is binding on parties and cannot be reopened in subsequent proceedings without statutory challenge; consent decrees operate as contracts, l....
A preliminary decree in partition suits must guide the final decree, ensuring shares are allocated as specified.
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