first and third items of the suit properties. A preliminary decree for partition to the said effect could be passed.
6. The contents ... decree for partition as prayed for in the plaint. The same resulted in the drafting of the decree to the effect that a preliminary decree
first and third items of the suit properties. A preliminary decree for partition to the said effect could be passed.
6. The contents ... decree for partition as prayed for in the plaint. The same resulted in the drafting of the decree to the effect that a preliminary decree
self acquisition?
(d) Do the plaintiffs merit a preliminary decree for partition of
the properties?
(e) What's this Court's decree ... treating
it as an adverse circumstances, passed a preliminary decree for partition. The
fact remains that the plaintiffs have knowledge about the execution
suit, having obtained a decree for recovery of possession, under the
same decree which also included a preliminary decree for partition,
executed the decree ... case of preliminary decree
for partition. There can be more than one final decree, decree may be
partly preliminary and partly final
final
decree.
(5) A decree may be partly preliminary and partly
final and there may be more than one preliminary decree and
more than ... more than one preliminary decree
and more than one final decree such as where a preliminary decree for
partition is first passed in regard
should have passed a preliminary decree for partition allotting 1/6th share each in the suit schedule property to the appellants as well ... null and void (b)by granting a preliminary decree for partition allotting 1/6th share each to the appellants as well as the first respondent
should have passed a preliminary decree for partition allotting 1/6th share each in the suit schedule property to the appellants as well ... null and void (b)by granting a preliminary decree for partition allotting 1/6th share each to the appellants as well as the first respondent
dismissal.
23.He has further submitted in the grant of preliminary decree of
partition is concerned, the daughter of the deceased Sankarakumara Pillai
born ... Chellammal was not party to the proceedings and hence, no preliminary
decree for partition can be passed in this appeal.
24.It is appropriate
Thottathil B.Radhakrishnan, J.
1.This appeal is against a preliminary decree for
partition. Defendants 8 to 12, who are also the
heirs ... ouster or limitation.
Therefore, the court below passed a preliminary
decree for partition. Hence this appeal.
10.Learned senior counsel for the appellants
argued, firstly
suit.
2.By the impugned judgement and decree, the lower court
has passed preliminary decree of partition holding that the
respondent was entitled ... preliminary decree of partition of
item Nos.1 and 4-10 of ‘A’ Schedule and “B” and “C” schedule
properties equally with the appellant
