Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Saturday, 07 November 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2017-12-12 partly_allowed

S. Esabella vs C. Thankarajan

Bench: 2 — Kurian

In Brief

In this partition dispute, the High Court had granted the respondent liberty to purchase the appellant's share of a small 6-foot-wide pathway, deeming physical partition impracticable. The Supreme Court upheld this discretionary remedy under the Partition Act, 1893, even though the preliminary decree ordered partition by metes and bounds. However, the Court found the compensation of Rs. 50,000 inadequate. It increased the total amount by Rs. 1,00,000, thereby partly allowing the appeal and requiring the respondent to pay enhanced compensation to the appellant.

The lawyer headnote and full judgment text are available to registered users.

Property Law Partition Civil Procedure

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login