SRIHARI (DEAD) THROUGH LR. SMT. CH. NIVEDITHA REDDY versus SYED MAQDOOM SHAH & ORS.
The High Court acted within the scope of Section 152 CPC by amending the decree to clarify the parties' shares, as such allocation was already found in the judgment; the amendment did not alter merits but corrected an omission in the decree's wording.
- Parties
- Appellant: Srihari (Dead) Through LR. Smt. Ch. Niveditha Reddy; Respondents: Syed Maqdoom Shah & Ors.
- Jurisdiction
- India
- Judgment Date
- 16 September 2014
- Procedural Posture
- Civil Appeal / Appeal Against High Court Order Amending Preliminary Decree Under Section 152, CPC
- Outcome
- Appeals dismissed
- Legal Topics
- Amendment of Judgment/decree Under Section 152 CPC, Partition of Property Under Muslim Law
Case Brief
Summary, issues, holding and outcome
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Parties
Srihari (Dead) Through LR. Smt. Ch. Niveditha Reddy
Appellant
Syed Maqdoom Shah & Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal Against High Court Order Amending Preliminary Decree Under Section 152, CPC
Legal Issues
- 1 Scope of Section 152 CPC regarding amendment of judgments/decrees
- 2 Whether High Court order amending preliminary decree allocating parties' shares is permissible under Section 152 CPC
Ratio Decidendi
The High Court acted within the scope of Section 152 CPC by amending the decree to clarify the parties' shares, as such allocation was already found in the judgment; the amendment did not alter merits but corrected an omission in the decree's wording.
Court Disposition
Appeals dismissed
Orders
- Amended preliminary decree stands; shares allocated as per High Court's clarification
- No order as to costs
Full Case Text
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