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.