Venu vs Ponnusamy Reddiar - Supreme Court

 Venu vs Ponnusamy Reddiar - Supreme Court Important Judgment 2017 - 


On 27th April, 2017, in the case of Venu v. Ponnusamy Reddiar (Dead) thr. Lrs and Anr. [Civil Appeal No.4187 of 2008], the question in issue was with respect to the limitation for execution of preliminary decree for partition. It was held that “a preliminary decree for partition crystallizes the rights of parties for seeking partition to the extent declared, the equities remain to be worked out in final decree proceedings. Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree. Even when application is filed seeking appointment of Commissioner, no limitation is prescribed for this purpose, as such, it would not be barred by limitation, lis continues till preliminary decree culminates in to final decree.” 


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