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SARAL SRIVASTAVA
Manoj – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Saral Srivastava, J.)
Heard learned counsel for the petitioners and learned Standing Counsel.
2. The petitioners by means of the present petition under Article 227 of the Constitution of India have assailed the order dated 27.12.2023 passed by Additional Commissioner-II Kanpur Division, Kanpur by which he has allowed the appeal of respondent No. 5 against the order dated 6.5.2022 of Sub Divisional Magistrate, Tehsil Kayamganj, District Farrukhabad in Case No. 2053 of 2022 (Computerized Case No. T202203240202053) for preparation of the preliminary decree.
3. The brief facts of the case are that the petitioners instituted case No. 2053 of 2022 under Section 116 of U.P. Revenue Code, 2006 for partition and determination of their share concerning plots No. 82, 166 and 292 (Min.) situated in Village Papri Khurd Buzurg Pargana Shamshabad Paschim Tehsil Kayamganj, District Farrukhabad. The case of the petitioners was that the petitioners have inherited the property by succession and are owners in possession of the property.
4. It appears that a notice was issued to respondent No. 5, but respondent No. 5 did not contest the proceeding, consequently, the Sub-Divisional Magistrate pr
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.
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 central legal point established in the judgment is the requirement to adhere to the principles of Rule 109 of U.P. Revenue Code Rules 2016 in the preparation of kurra, and the necessity to consid....
A preliminary decree in a partition suit does not constitute a decree under the Andhra Pradesh Rights in Land and Pattadar Passbooks Act for mutation purposes.
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....
The court upheld the finality of the land partition decree, confirming that all procedural safeguards were adhered to in preparing and confirming the Kurra, thus denying the petitioners' claims again....
Appellate courts must provide reasoned judgments addressing all grounds raised in appeals to ensure justice and proper application of law.
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....
The court clarified the rights of the parties in the subject property and directed the appointment of a Local Commissioner to effectuate the preliminary decree for partition, in line with the provisi....
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