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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA
Mahaveer Singh – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner challenges preliminary decree. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. preliminary decree is substantive and binding. (Para 8 , 9 , 10 , 11 , 12) |
| 3. no reopening of determined shares post-final decree. (Para 13 , 14) |
| 4. consent decrees are binding unless challenged appropriately. (Para 15 , 16) |
| 5. summary of legal positions on preliminary decrees. (Para 19) |
| 6. court's jurisdiction under article 226 does not apply. (Para 20 , 21 , 22 , 23) |
| 7. writ petition dismissed; open to statutory remedies. (Para 24 , 25) |
JUDGMENT :
YOGENDRA KUMAR SRIVASTAVA, J.
1. Heard Sri Punya Sheel Pandey, learned counsel for the petitioner, Sri Anand Bhaskar Srivastava, learned Standing Counsel for the State- respondents and Sri Avinash Chandra Srivastava, learned counsel for the respondent-Gram Sabha.
2. The present writ petition under Article 226 of the Constitution of India has been filed assailing the order dated 12.12.2002 passed by the respondent no.3–Sub Divisional Magistrate, Etmadpur, District Agra in Case No. 20 of 1995-96 ( Munshi Lal vs. Bhagwan Singh and others ), a suit for division of holding under Section 176 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafte
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 preliminary decree under the U.P. Revenue Code is a final order determining the rights of parties, making it appealable despite being labeled interlocutory.
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.
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 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....
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.
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 ....
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....
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....
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