final
decree proceedings. In the said final decree
proceeding, a Court Commissioner was appointed
and a report came to be submitted for the second
time ... plaintiff).
34. The crux of claim put forth by plaintiff in
second final decree proceedings initiated i.e., FDP
No.2/1999 is that partition
share and Saraswathi, the petitioner in the final decree application/the second defendant in O.S.No.823 of 1965, would be entitled ... resulted in a preliminary decree and a compromise decree in the final decree petition filed by the second defendant therein namely Saraswathy
this writ petition.
2. Writ petitioner herein is the second
defendant in final decree proceedings i.e. FDP
No.2/2005 which has been initiated ... came to filed
by the writ petitioner i.e., second defendant. Final
decree Court has made an observation while rejecting
the application
settlement in this case, would be,
therefore, of academic interest. The final position would be identical.
To this extent, therefore ... share of the parties
cannot be determined and decided. Secondly, the final decree passed
by the single Judge directing sale of the second floor
Final Decree application, had filed a counter contending that even prior
to the passing of the Preliminary Decree, the second defendant had died ... Preliminary Decree passed
against the dead person is invalid and only in the Final Decree application,
the legal representatives of the deceased second defendant
challenge in final
decree proceedings as Supreme Court has expressed as above. It
is not a case where the final decree proceedings had been
challenged ... reopen the final decree proceedings and the Court below was
oblivious to the fact that the issue having attained finality in a
second appeal before
Final Decree application, had filed a counter contending that even prior
to the passing of the Preliminary Decree, the second defendant had died ... Preliminary Decree passed
against the dead person is invalid and only in the Final Decree application,
the legal representatives of the deceased second defendant
application has been laid for passing a final decree.
8.Two main issues are focused in this second appeal by the defendants. One is that ... been sent to all the parties including the second defendant in the final decree proceedings and therefore the contention now raised that no due notice
ultimately the
final decree came to be passed on 7.7.2005 in terms of the preliminary
decree dated 24.11.1970. In the final decree proceedings initiated ... been allowed by the impugned judgment and decree dated
15.4.2010.
7. Before the final decree could be passed in the case, civil suit being
Partap Singh v. Smt. Suhli Devi
etc. had become final between the parties, since the decree
passed in the suit filed by Partap Singh ... said decree had become final between the
parties, the next question that comes up for consideration is as to
whether the present regular second appeal
