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1 - 10 of 13 (0.22 seconds)The Code of Civil Procedure, 1908
The Essential Commodities Act, 1955
Vineeta Sharma vs Rakesh Sharma on 11 August, 2020
15. Before adverting to the rival contentions, it is
necessary to place on record that, initially, the Trial Court passed
a preliminary decree holding that the plaintiffs would be entitled
to 1/8th share each in the suit schedule property. However,
during the pendency of the final decree proceedings, in the light
of the judgment of the Apex Court in the case of Vineeta Sharma
(supra), the preliminary decree passed by the Trial Court and
confirmed by this Court was modified by declaring that the
plaintiff No.1, plaintiff No.2, defendant No.1, and defendants
No.2 to 6 (jointly) would be entitled to 1/4th share each in the
suit schedule property. It is also an undisputed fact that the
modified preliminary decree declaring that all the aforesaid
parties will be entitled to 1/4th share in the suit schedule
property has attained finality and become conclusive and binding
upon the parties.
Section 12 in The Essential Commodities Act, 1955 [Entire Act]
Section 99 in The Code of Civil Procedure, 1908 [Entire Act]
Parappa And Ors. vs Bhimappa And Anr. on 8 February, 2008
17) He relied on another decision reported
in ILR 2008 KAR 1840 between Parappa and
others Vs. Bhimappa and another. Wherein the
Hon'ble High Court of Karnataka has held that once
Court commissioner submits report, the same shall
be evidence in that case and that forms part of
record and it is not necessary to mark the same as
exhibit and examine the commissioner. However, if
any party files objections challenging the correctness
of said report and if they prays the Court to permit
them to examine the commissioner, the Court may
permit them to examine him before the Court. But
herein this case, the respondents have not sought for
any such prayer to permit them to cross-examine the
Court commissioner and even they not made out any
good grounds to reject the commissioner's report.