VENU versus PONNUSAMY REDDIAR (DEAD) THR. LRS. & ANR.

VENU versus PONNUSAMY REDDIAR (DEAD) THR. LRS. & ANR.

Till partition is carried out and final decree passed, no limitation runs against the right to claim partition as per the preliminary decree. There is no prescribed limitation for application seeking appointment of Commissioner for execution of preliminary decree in partition suits.

Parties
Appellant: Venu; Respondent: Ponnusamy Reddiar (Dead) Through LRs & Anr.
Jurisdiction
India
Judgment Date
27 April 2017
Procedural Posture
Civil Appeal / Final Supreme Court Order
Outcome
Appeal dismissed
Legal Topics
Partition Suits, Decrees, Limitation in Execution Proceedings
Civil Procedure Property Law Partition Suits Decrees Limitation in Execution Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Venu

Appellant

Ponnusamy Reddiar (Dead) Through LRs & Anr.

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Order

Legal Issues

  1. 1 Whether application for execution of preliminary decree for partition, filed thirty years after decree, is barred by limitation

Ratio Decidendi

Till partition is carried out and final decree passed, no limitation runs against the right to claim partition as per the preliminary decree. There is no prescribed limitation for application seeking appointment of Commissioner for execution of preliminary decree in partition suits.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs