NARENDRA KANTE versus ANURADHA KANTE & ORS.

NARENDRA KANTE versus ANURADHA KANTE & ORS.

The factum of partition being a question of fact, prima facie view taken by courts below that oral partition had been effected and reduced to a memorandum is not interfered with. A deed of family settlement cannot be relied upon unless signed by all co-sharers, but parties acting upon it (including the appellant executing sale deeds) are estopped from challenging its validity. High Court's refusal of interim injunction is justified; while construction by the purchaser is allowed, alienation or creation of third-party rights is restrained during suit pendency. Suit to be disposed of expeditiously.

Parties
Appellant: Narendra Kante; Respondent: Anuradha Kante; Respondent: Other Respondents
Jurisdiction
India
Judgment Date
15 December 2009
Procedural Posture
Civil Appeal / Appeal From High Court Order Denying Interim Injunction
Outcome
Appeal dismissed
Legal Topics
Partition, Family Settlement, Temporary Injunction
Civil Procedure Property Law Family Law Partition Family Settlement Temporary Injunction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Narendra Kante

Appellant

Anuradha Kante

Respondent

Other Respondents

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Denying Interim Injunction

Legal Issues

  1. 1 Whether the deed of family settlement dated 8.2.1967 can be relied upon although not signed by all co-sharers and not registered
  2. 2 Whether the family settlement operates as valid partition and estoppel against parties acting upon it
  3. 3 Balance of convenience and irreparable injury in grant/refusal of interim injunction

Ratio Decidendi

The factum of partition being a question of fact, prima facie view taken by courts below that oral partition had been effected and reduced to a memorandum is not interfered with. A deed of family settlement cannot be relied upon unless signed by all co-sharers, but parties acting upon it (including the appellant executing sale deeds) are estopped from challenging its validity. High Court's refusal of interim injunction is justified; while construction by the purchaser is allowed, alienation or creation of third-party rights is restrained during suit pendency. Suit to be disposed of expeditiously.

Court Disposition

Appeal dismissed

Orders

  • Trial court to dispose of the pending suit within a year from the date of communication of judgment.
  • Co-sharers to the suit property shall not create any third party rights or encumber or transfer their respective shares in the suit property in any manner whatsoever.