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ROHIT RANJAN AGARWAL
Shiv Narayan Gupta – Appellant
Versus
Garib Chandra – Respondent
JUDGMENT
These two writ petitions have been filed by the petitioner assailing the orders passed by the Court below after the preliminary decree was prepared on 31.10.1995 in Partition Suit No.62 of 1995 filed by plaintiff-respondent.
2. Matter under Article 227 No.4107 of 2024 assails the order dated 16.02.2024 passed by the trial Court on application 45-A2 filed in Final Decree Case No.2 of 2005 by which the application filed by plaintiff-respondent for modification of preliminary decree was allowed as well as order dated 11.03.2024 passed by District Judge, Banda in Civil Revision No.6 of 2024 by which revision filed by the defendant-petitioner against the aforesaid order was dismissed.
3. Matter under Article 227 No.3458 of 2025 has been filed assailing the order dated 29.10.2024 passed by Civil Judge (Senior Division), Banda on application (Paper No.171C-2) moved by defendant-petitioner as well as order dated 22.01.2025 passed by Additional District Judge-I, Banda in Civil Revision No.33 of 2024 dismissing the revision filed by petitioner and confirming the order of the trial Court.
4. Facts, leading to filing of present writ petitions, are that one Mahadi alias Mahadev had two
(1) Partition suit – In a partition suit, a preliminary decree can be amended if an event transpires – There is no bar for drawing a fresh preliminary decree.(2) Religious Endowment – Once an endowme....
The court held that an amendment to a preliminary decree is permissible when new evidence emerges, emphasizing the importance of justice in partition suits.
Point of law : Section 107 C.P.C. r/w Order 41 Rule 33 C.P.C. provides for the powers of the appellate court according to which, in exercise of such powers, the appellate court may, pass any decree a....
The amended provisions of Section 6 of the Hindu Succession Act apply to pending proceedings and confer equal rights to daughters in a coparcenary property. The rights of daughters are by birth and n....
Welfare of the child is paramount in custody disputes; natural guardianship does not guarantee custody without proven benefits for the child's well-being.
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 welfare of the minor child is paramount in custody disputes; legal rights of parties are secondary to ensuring a nurturing environment for the child's growth.
The paramount consideration of the welfare and interests of the child in custody matters, the importance of following prescribed procedures for recording settlements and issuing decrees, and the avai....
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