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The Supreme Court, in Venu vs Ponnusamy Reddiar, has held that there is no limitation period for the execution of preliminary decree for partition. In 1989, an application for execution of the decree was filed after 30 years of the preliminary decree for partition, which was passed in 1959. It prayed for the appointment of a court commissioner so as to carry out the preliminary decree. The  high court had rejected the contention that since the application had been filed for the appointment of court commissioner, it ought to governed by provisions of Article 137 of the Limitation Act 1963. A bench comprising Justice Arun Mishra and Justice Amitava Roy observed that a preliminary decree for partition crystallises the rights of parties for seeking partition to the extent declared, the equities remain to be worked out in final decree proceedings and till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partit...

Partition Suit; 15 Principles laid down by Supreme Court of India ByLegal India | On April 22,16 | 0 Comment 1891 SHARES FacebookTwitter Contents Partition of Property Shub Karan Bubna @ Shub Karan Prasad Bubna v. Sita Saran Bubna, (2009) 9 SCC 689 (Para 7, 10) Rachakonda Venkat Rao v. R. Satya Bai, (2003) 7 SCC 452 (paras 19 and 22.) Bimal Kumar & Anr. v. Shakuntala Debi, AIR 2012 SC 1586 R. Ramamurthi Iyer v. Raja V. Rajeswara Rao, (1972) 2 SCC 721 (para 8) Rani Aloka Dudhoria v. Goutam Dudhoria, (2009) 13 SCC 569 (para 13) Malati Ramchandra Raut v. Mahadevo Vasudeo Joshi, AIR 1991 SC 700 # Partition of Property 1. In a suit for partition, at the first stage, the court decides whether the plaintiff has a share in the suit property and is entitled to division and separate possession. This position is exercise of judicial function and results in a decree under Order XX Rule 18(1) termed as preliminary decree under Order XX Rule 18(2) of CPC. The decree is termed...