Supreme Court of India · 2014-09-16
Srihari (Dead) Through Lr. Smt. Ch. ... vs Syed Maqdoom Shah & Ors
- Citation / case number
- AIR 2015 SC (SUPP) 1625
- Court
- Supreme Court of India
- Petitioner
- Srihari (Dead) Through Lr. Smt. Ch. ...
- Respondent
- Syed Maqdoom Shah & Ors
- Author
- Prafulla C.Pant
- Bench
- Prafulla C. Pant, Sudhansu Jyoti Mukhopadhaya
Judgment text excerpt
The Supreme Court upheld the High Court's decision under Section 152 of the Code of Civil Procedure, 1908, which amended the preliminary decree in a partition suit to include the shares of Syed Makdoom Shah and Syed Hussain Shah, alongside the shares of the legal heirs of Khadar Nawaz Khan and Feroz Khan. The Court emphasized that the amendment was necessary to reflect the true shares of the parties involved, ensuring equitable distribution of the property. The judgment affirmed the High Court's interpretation of the inheritance rights and the necessity of amending the decree to include all rightful claimants.