RACHAKONDA VENKAT RAO AND ORS. versus R. SATYA BAI (D) BY LR. AND ANR.

RACHAKONDA VENKAT RAO AND ORS. versus R. SATYA BAI (D) BY LR. AND ANR.

The decree dated 13th July 1978, passed on the basis of a compromise, effected a complete and final partition of the suit properties and parties were put in possession of their respective shares as per mutual agreement. Some properties were intentionally kept joint by the parties due to practical impossibility of physical partition, and there was no reservation of further rights or steps in the compromise or the decree. Therefore, the decree was final, and subsequent proceedings for passing a final decree were not maintainable.

Parties
Appellants: Rachakonda Venkat Rao and Others; Respondents: R. Satyabai (Deceased) by Legal Representative and Another
Jurisdiction
India
Judgment Date
11 September 2003
Procedural Posture
Civil Appeal / Supreme Court Appeal From Order of Andhra Pradesh High Court
Outcome
Appeal allowed. Judgment of the High Court set aside. Application under Order XXVI Rules 13 and 14 read with Section 151 CPC dismissed.
Legal Topics
Partition of Joint Family Property, Nature of Preliminary and Final Decrees, Compromise Decree, Execution of Decrees
Civil Procedure Property Law Partition of Joint Family Property Nature of Preliminary and Final Decrees Compromise Decree Execution of Decrees

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Parties

Rachakonda Venkat Rao and Others

Appellants

R. Satyabai (Deceased) by Legal Representative and Another

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Order of Andhra Pradesh High Court

Legal Issues

  1. 1 Whether the decree dated 13th July, 1978 was a final decree or only a preliminary decree in the partition suit
  2. 2 Whether further final decree proceedings were maintainable after parties had been put in possession as per compromise

Ratio Decidendi

The decree dated 13th July 1978, passed on the basis of a compromise, effected a complete and final partition of the suit properties and parties were put in possession of their respective shares as per mutual agreement. Some properties were intentionally kept joint by the parties due to practical impossibility of physical partition, and there was no reservation of further rights or steps in the compromise or the decree. Therefore, the decree was final, and subsequent proceedings for passing a final decree were not maintainable.

Court Disposition

Appeal allowed. Judgment of the High Court set aside. Application under Order XXVI Rules 13 and 14 read with Section 151 CPC dismissed.

Orders

  • The judgment and order of the High Court dated 19th June 1996 are set aside.
  • The application of the plaintiffs dated 28th September 1991 under Order XXVI Rules 13 and 14 read with Section 151 CPC is dismissed.