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Supreme Court of India 2016-07-18 disposed

S. Shivraj Reddy Died Through His Lrs vs S. Raghuraj Reddy & Anr

Bench: 2 — Kurian

In Brief

A family dispute involved partition of residential property. The trial court had ordered public auction, but appellants contended the Partition Act, 1893, requires first attempting settlement among family members. The Supreme Court held that courts must genuinely attempt family settlement before public auction. If such attempts fail, the property must be independently valued before public auction proceeds. The trial court was directed to make a fresh attempt within six months, with public auction as a fallback option only if family settlement fails. No costs were awarded.

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Property Law Partition Civil Procedure Family Law

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