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Results of partition suit preliminary decree

Showing : 1-10 of 86 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Partition -- Final decree - Appointment of Local Commissioner to partition the suit property according to preliminary decree - Appellant purchased some portion of suit land after passing of preliminary decree but before final decree - Sale hit by rule of lis pendence - Held, decree holder was not bound to give any notice to the appellant...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14 -- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Preliminary decree - Partition suit - Passing of preliminary decree U.O.20.R.18(ii) CPC is not mandatory in each and every case - It is only in cases where Court comes to conclusion that if partition or division of property cannot conveniently be made without further enquiry, a preliminary decree is required to be made...........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Final decree - Auction sale - Partition suit - Property is indivisible as per shares allotted in preliminary decree - Preliminary decree itself could have been made as a final decree - Trial Court rightly allowed application of plaintiff for conducting auction so as to distribute sale proceeds as per respective shares..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 26, Rule 13 -- Appointment of Commissioner - Partition suit - Preliminary decree - Earlier application for appointment of Commissioner was not pressed and on same day present application filed for praying for appointment of Commissioner to carve out share of DH in house property and movable property - Explanation given by DH that earlier..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - In a suit of partition at the stage of passing of a preliminary decree, only question that needs to be adjudicated by trial Court is whether property in question is a coparcenary property or a joint family property - For declaration of such shares at preliminary stage..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 96 -- Appeal by person not party to suit - Leave to appeal - Partition suit - Preliminary decree - Appellant is transferee pendente lite - He is in possession of suit property and is directly affected by preliminary decree passed in partition suit - Appellant held, permitted to file appeal against preliminary decree - Application for..........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 20, Rule 18.S -- Partition suit - Final decree proceedings - Party who opposed partibility of estate and whose share is not determined in preliminary decree, cannot straight away apply for passing final decree without getting supplementary preliminary decree passed...........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - There can be multiple preliminary decrees in suit for partition...........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Declaration of rights of parties to partition suit is not dependent on payment of Court fee by defendant - It affects only actual partition and separation of his share in property...........

Showing : 1-10 of 86 Results