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september 2003

Supreme Court of India · 2003-09-11

Rachakonda Venkat Rao And Ors vs R. Satya Bai (D) By Lr. And Anr

Citation / case number
AIR 2003 SUPREME COURT 3322
Court
Supreme Court of India
Petitioner
Rachakonda Venkat Rao And Ors
Respondent
R. Satya Bai (D) By Lr. And Anr
Author
Arun Kumar
Bench
Brijesh Kumar, Arun Kumar

Judgment text excerpt

The Supreme Court addressed the issue of whether a decree dated 13th July, 1978, resulting from a compromise under Order XXIII Rule 3 of the Code of Civil Procedure, was a final or preliminary decree. The Court held that the decree was a final decree, thus allowing the plaintiff's application under Order XXVI Rules 13 and 14 CPC for the appointment of a Commissioner to partition the properties by metes and bounds. The Court emphasized that the passage of time and subsequent family arrangements did not negate the finality of the original decree.

Rachakonda Venkat Rao And Ors vs R. Satya Bai (D) By Lr. And Anr · Niyam