Supreme Court of India · 2008-04-29
Kamala & Ors vs K.T. Eshwara Sa & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 3174
- Court
- Supreme Court of India
- Petitioner
- Kamala & Ors
- Respondent
- K.T. Eshwara Sa & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court addressed the application of Order VII, Rule 11(d) of the Code of Civil Procedure in a civil appeal concerning a dispute over ancestral property. The Court held that the preliminary decree declaring the plaintiff's share was rectified to 1/4th, and the final decree proceedings were valid despite the complexities of property transactions and claims of possession by the parties. The Court emphasized the necessity of clear demarcation of property shares and the implications of prior sales on the ongoing litigation.