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Showing posts with label final decree. Show all posts
Showing posts with label final decree. Show all posts
Saturday, 24 June 2023

What is the scope of the enquiry under Order XXI, Rules 97-101, CPC ?

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    In the case on hand, the obstructionists do not claim title under any one of the parties to the litigation. They set up independent titl...

Can a claim against persons who hold title to the suit property but are strangers to the partition suit be decided in the same suit?

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Take for instance a suit filed for partition by a member of the Hindu Undivided Family. If one of the coparceners or an alienee from such co...

Can the executing court decide questions of title raised by third parties who assert independent ownership under Order XXI, Rules 97-101 of the Civil Procedure Code (CPC)?

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Technically the High Court may not be right, in the true legal sense, in branding the preliminary decree as vitiated by fraud. But the fact ...

Can a party holding a preliminary decree of a partition suit acquire title to a specific portion of a particular property and can transfer it to third party?

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Therefore, the question of specific immovable properties or specifically identified portions of immovable properties getting allotted to any...

Whether the bank can accept a final decree in a partition suit as a document of title?

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  The second difficulty that the Asset Reconstruction Company has, is that six different companies created an equitable mortgage by deposit ...
Sunday, 2 April 2023

Can the court refuse to vary a preliminary decree of partition in final decree proceedings if there is a change in law during those proceedings?

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The decision of Vineeta Sharma (supra) also highlights that a change in law during the pendency of an appeal must be considered and appropri...
Wednesday, 14 December 2022

Whether S 4 of Partition Act is applicable if there is partition but property is yet to be divided by metes and bounds?

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 In H. Vasudeva Pai v. Kamarunnisa, 2011 (15) SCC 768, the issue of applicability of Section 4 has again been examined at length to hold tha...
Wednesday, 6 July 2022

Supreme court direction to trial court for drawing up the final decree suo motu

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We are of the view that once a preliminary decree is passed by the Trial Court, the court should proceed with the case for drawing up the fi...
Sunday, 5 May 2019

Whether limitation is provided for execution of preliminary decree for partition?

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I am of the opinion that an application for drawing up a final decree in a partition suit is in no way an application contemplated under ...
Saturday, 22 December 2018

Whether limitation for execution of partition decree will commence from date when decree was engrossed on stamp paper?

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The engrossment of the final decree in a suit for partition would relate back to the date of the decree. The beginning of the period of li...
Friday, 9 November 2018

Whether a party can be permitted to challenge correctness of preliminary decree in final decree proceeding?

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As per Section 97 Code of Civil Procedure, where any party aggrieved by a preliminary decree passed after the commencement of this Code do...
Sunday, 15 July 2018

Whether abatement of final decree proceeding is set aside if court has permitted prayer for bringing legal heirs on record?

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In my considered opinion, having regard to the fact that the present proceedings are, though not the execution proceedings in a strict sen...
Sunday, 7 January 2018

When application of final decree will be barred by limitation?

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The only contention put forth by the learned counsel for the appellant before this Court is that the Application filed by the plaintiff fo...
Tuesday, 20 June 2017

Whether final decree for partition can be challenged if preliminary decree is not challenged?

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Preliminary decree is undoubtedly an appealable decree. Section 97 of CPC is in the following terms: "97. Appeal from final decree ...
Thursday, 25 May 2017

Guidelines for appointment of commissioner in case of partition of property

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"The  reliance is  placed  upon the  decision  of  the  Apex Court in the case of Shub Karan Bubna @ Shub Karan Prasad Bub  vrs. Sit...
Saturday, 31 December 2016

Whether court can give possession of property to decree holder even if final decree is not passed?

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Mr. Parchure, the learned advocate for the respondent No. 2 (original decree-holder) conceded before me that there was no final decree pas...
Saturday, 13 September 2014

Distinction between decree in mortgage suit and in partition suit

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The three decisions relied on by the petitioner (referred to in para 3 above) are not relevant for deciding the issue arising in this case....
Sunday, 3 August 2014

Leading judgment on partition of joint family property

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It is clear from the decisions in Sai Reddy (supra), Ganduri Koteshwaramma (supra) and Prema (supra) that a partition of the Hindu J...