...the appeal in modification of the decree of trial court. A preliminary decree for partition of 1/3rd share of the suit property came to be passed. Hence, these SLPs.8...partial partition is not maintainable. Merely because the plaintiff came to file an application under Order 6 Rule 17 CPC it would not mean it could be allowed and a preliminary decree for partition be...first defendant could no longer be interfered with. Further, the name of the first defendant had been deleted from the array of parties. Therefore, the passing of the preliminary decree for partition...

...senior counsel appearing on behalf of the petitioner has raised only one point against the impugned order to the effect that in the preliminary decree only the rights and shares of the respondent have been declared and the rights an...have perused the records.5. It is not disputed that in this case a preliminary decree of partition was passed on 20.12.1989 From the aforesaid decree, it is evident that vide this...view of the above discussion, the petition is partly allowed and the impugned order is modified to the extent that the final partition decree cannot be passed until and unless the preliminary decree is...

...be specified and, as such, the preliminary decree will require modification. The order by which the preliminary decree was passed also envisages the partition of the 40 cattah land into four lots...plaintiff for the moment. The shares of the other parties in the Receiver's remuneration will be adjusted upon the application for modification of the preliminary decree being taken up. For the moment it is...Sanjib Banerjee, J.:— The Commissioner of Partition is appointed as Receiver for the purpose of ascertaining if any part of the property is under the occupation of any person. The...

...confirmed by the Appellate Court. 6. Therefore, the preliminary decree of partition requires modification in view of the affidavit filed by the 11thdefendant and...: 3 J U D G M E N T The preliminary decree of ...favour of the 2nddefendant - Sri.Sevi. Therefore, the preliminary decree requires modification allowing their share in favour of the 2nddefendant...

..., as not maintainable. By way of the application aforesaid, the petitioner attempted to seek orders for modification of the decree for partition in O.S.No.407/1989.... It is noticed that the preliminary decree in the said suit was passed on 25.08.1997 and the final decree proceedings were also concluded on 08.09.2003. The claim sought to be...Section 151 CPC, filed only on 07.01.2010 i.e., more than six yeas after conclusion of final decree proceedings, could not have been entertained and has rightly been declined. The...

...preliminary decree and the proceedings in the suit get extinguished only on passing of the final decree. It is not correct statement of law that once a preliminary decree has been passed, it is not capable...appellants (the third and fourth defendants) made an application for passing the preliminary decree in their favour for partition of Schedule Properties A, C and D into four equal shares; allot one...registered instrument of partition or by a decree of the court. The only stage that has reached in the suit for partition filed by Respondent 1 is the determination of shares vide preliminary decree dated...

...namely the 1st respondent. In view of the change of subsequent circumstances, the Preliminary Decree for Partition passed by the Trial Court requires modification. ...properties are self-acquired properties of Periyasamy Gounder? (ii) Whether the Preliminary Decree for Partition passed by the Trial Court requires modification in view of...respondents 1 and 3. Therefore, the preliminary decree for partition of 1/3rdshare each in favour of the plaintiffs passed by the Trial Court requires modification in view of the...

...heirs of deceased father. But the preliminary decree granted by both the courts below excludes this 20 cents of property covered by Ext.B1, though the suit is one for partition of one acre one cent, the...preliminary decree of partition over the plaint schedule property subject to the interest transferred by the mother out of her one third fractional interest over the property and a preliminary decree is..., i.e. O.S. No. 385/2001 is filed for the grant of partition wherein a decree of partition was granted excluding the property which is the subject matter of counter claim in O.S. No. 395/1999; comes...

...Debangsu Basak, J.:— A preliminary decree dated July 24, 2014 has been passed in the present suit for partition. The plaintiff has applied for modification of such preliminary decree.... To such effect I had directed the parties to hold meetings. Such endeavour did not bear any fruitful warranting a decision in the suit on merits.When the preliminary decree dated July 24, 2014 was passed the scheme...Code. A preliminary decree passed, whether it is in a mortgage suit or a partition suit, is not a tentative decree but must, in so far as the matters dealt with by it are concerned, be regarded as...

...preliminary decree if the situation in the changed circumstances so demand. A suit for partition continues after the passing of the preliminary decree and the proceedings in the suit get extinguished only ...more than one preliminary decree, if after passing of preliminary decree events have taken place necessitating readjustment of shares as declared in the preliminary decree, modification i...-plaintiff filed the suit in O.S.No.31 of 2011 on the file of Sub Court, Sankari, for partition and permanent injunction. 4. After contest, the Trial Court passed a preliminary decree...

...consider that the parties should be driven to a fresh suit for partition. Accordingly in modification of the lower court's decree we pass a preliminary decree for partition of the property into tw...Koshi, C.J:— Defendant 1 in O.S No. 24 of 1952, on the file of the now defunct District Court of Mavelikara, has brought this appeal against the judgment and decree passed in that suit on...Amichakari Muri, Champakkulam Pakuthy, Ambalapuzha Taluk. That tarwad first got itself divided into different branches as per a partition deed in 1099 M.E Later, on 25-10-1107 one of the branches...

...Settlement dated 1stMay, 2013 but are wanting modification of the preliminary decree for partition, (iii) even if the contention of the counsel for the defendants No.6(a) to 6(d) of the... IA No.9138/2016 (of defendants No.1 to 5 u/O XX R-18(2) CPC for th modification of the preliminary decree dated 8 February, 2012...preliminary decree for 1 partition of property No.33/5, East Punjabi Bagh, New Delhi and of Shop No.48, Khursheed...

...preliminary decree and if at all some portion of the land had been acquired by the Railways, the preliminary decree should have been modified stating that the land available for partition was what remained...respondent has preferred this appeal. 3. The learned counsel for the appellant submits that the Trial Court in a suit for partition ordered for drawing up of preliminary decree in respect...accepted the Commissioners report and ordered for drawing up of final decree passed pursuant to preliminary decree in O.S.No.3008/2001. Aggrieved by this order in final decree proceedings, 1st...

..., whatever order that the Court may pass in the suit for partition of the joint family property, their interests would also have to be taken care of. In partial modification of the preliminary decree...in schedule of the plaint by metes and bounds in terms of preliminary decree within a period of two months. In the event of failure to make partition of the suit property, the appellants are at liberty..., broad facts may be noted:Plaintiffs had filed a suit for partition of a family property. The plaintiffs and defendants No. 1 to 3 comprised an undivided family. According to the plaintiffs...

...modification of preliminary decree passed in O.S.No.2814/2006. 12. As per the application, the preliminary decree directing to effect partition of the suit sche... holding that the modification now sought in the preliminary decree is arising out of changed circumstances and therefore, same is permissible. The Court proceeded to observe that, by ove... - 4 - the preliminary decree passed by the Trial court. The said application was opposed by the petitioners since the modification of the...

...in those cases even after passing of the preliminary decree in partition suits, applications for modification of preliminary decrees were ordered to be allowed to pass preliminary decree ...aforesaid judgments rendered by the Hon'ble Apex Court this Court finds that there is no dispute that in a partition suit after passing of the preliminary decree the trial court is competent to pass again a...preliminary decree subsequently if in the interregnum period any party to the partition suit dies or any amendment of law governing the rights of the parties has undergone change, then his/her share...

...preliminary decree in abeyance, FDP Court has appointed a Court Commissioner to report feasibility of partition. This procedure adopted by the FDP Court is patently erroneous. Unless share is re-determined in...TRIAL COURT BELOW TO PASS PRELIMINARY DECREE TO THAT EFFECT; ISSUE A WRIT/ORDER/DIRECTION IN THE NATURE OF MANDAMUS THEREBY...that the share will be declared in the final decree proceedings and therefore, declined to modify the preliminary decree by entertaining an application filed under Sections 152 and 153 of CPC...

....2. In the said order the learned Court below has held, inter alia, that the plaintiff no. 2 has prayed for modification of the judgement and preliminary decree of partition dated 29.07.2005...in preliminary form with costs. Accordingly plffs. do get a preliminary decree of partition in respect of 1/5 share each of the suit property and the deft. no. 1 to 6 do get 1/5 share jointly and...Ghosh (plaintiff no. 1) and this fact has not been explained and at all considered by the learned Trial Court in his judgement and preliminary decree. Now if this omission is cured under Section 152...

...support from the several authorities referred to above. For the reasons stated above, we hold that the Trial Court is not justified in refusing to pass a preliminary decree for partition and separate possession of the plain.... In this background, the point that arises for consideration is, whether in these circumstances, the trial Court is justified in law in refusing to pass a preliminary decree for partition only on the...decree of the Trial Court, there shall be a preliminary decree for partition and separate possession of the plaintiff's half share in the suit...

...out to interfere with this finding of fact.17. The result is in modification of the decree of the courts below a preliminary decree is passed for partition of the plaint A schedule property...preliminary decree was passed for partition of the property into 12 shares and for allotment of one share each to the plaintiffs 1 and 10 and defendants 2 and 3, and 4 shares each to defendants 1 and 4...is no proof of the existence of such movable.3. The lower appellate court has confirmed the preliminary decree except for a modification in regard to the decree for profits fixing the liability...