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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA
Mahaveer Singh – Appellant
Versus
State of U.P. – Respondent
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 (hereinafter referred to as "the Act, 1950"), and the subsequent revisional order dated 28.04.2005 passed by the respondent no.2–Additional Commissioner (Judicial), Agra in Revision No. RST/34/2001-2002 ( Mahaveer Singh vs. Rampal Lal and others ).
3. The facts, as borne out from the record, indicate that a suit under Section 176 of the Act, 1950 was instituted, in which the court of the Sub Divisional Magistrate, Etmadpur, passed a preliminary decree determining the shares of the parties by order dated 29.02.1996. The determination of
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....
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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