Supreme Court of India · 2004-07-23
K.G. Shivalingappa (Dead) By Lrs. And ... vs G.S. Eswarappa And Ors.
- Citation / case number
- AIR 2004 SUPREME COURT 4130
- Court
- Supreme Court of India
- Petitioner
- K.G. Shivalingappa (Dead) By Lrs. And ...
- Respondent
- G.S. Eswarappa And Ors.
- Author
- Ashok Bhan
- Bench
- Ashok Bhan, S.H. Kapadia
Judgment text excerpt
The Supreme Court upheld the dismissal of the partition suit filed by the respondents, affirming the findings of the trial court and the appellate court that a valid partition had occurred in 1916, thus barring the respondents from claiming a share in the properties. The Court emphasized the importance of establishing prior partition under Hindu law, specifically referencing the principles of Joint Hindu Family property. The judgment reinforced the legal principle that once a partition is established, subsequent claims for partition are not maintainable.