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Supreme Court of India 2017-04-27 dismissed

Venu vs Ponnusamy Reddiar (dead) thr. Lrs & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

An appellant challenged the execution of a preliminary partition decree filed 30 years later, arguing it was time-barred under the Limitation Act. The Supreme Court held that in partition suits, a preliminary decree does not end the proceedings—the suit continues until a final decree is passed. No limitation period applies to applications for final decrees or Commissioner appointments, as these are reminders of the Court's duty in a pending suit, not fresh applications. The Court rejected the appellant's alternate claim that parties had compromised the decree through mutual agreement. The appeal was dismissed.

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Property Law Partition Limitation Procedure Decrees

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