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november 1962

Supreme Court of India · 1962-11-30

VENKATA REDDI AND OTHERS vs POTHI REDDI

Citation / case number
SC 1960/242
Court
Supreme Court of India
Petitioner
VENKATA REDDI AND OTHERS
Respondent
POTHI REDDI
Bench
MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that a preliminary decree for partition, even if not final in the sense of being unappealable, constitutes a 'final decision' under the first proviso to Section 28A of the Provincial Insolvency Act, 1920. The Court clarified that such a decree operates as res judicata between the parties, thus protecting the appellants' two-thirds share from being sold by the Official Receiver. The judgment affirmed the lower court's ruling that the preliminary decree was valid and enforceable despite the father's insolvency.

VENKATA REDDI AND OTHERS vs POTHI REDDI · Niyam