Supreme Court of India · 2008-04-29
KAMALA vs K.T.ESHWARA SA .
- Citation / case number
- SC 2007/14543
- Court
- Supreme Court of India
- Petitioner
- KAMALA
- Respondent
- K.T.ESHWARA SA .
- Author
- V.S. SIRPURKAR S.B. SINHA
- Bench
- V.S. SIRPURKAR S.B. SINHA
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 the partition of ancestral property. The Court held that the preliminary decree declaring the plaintiff's share was rectified to 1/4th, and emphasized the necessity of establishing clear division of property before any sale or transfer can be validated. The appeal was allowed, and the High Court's order was set aside, reinforcing the importance of proper legal procedures in property disputes.