Venu vs Ponnusamy Reddiar (Dead) Thr. Lrs & Anr

The Supreme Court held that an application for the execution of a preliminary decree for partition is not barred by limitation under Article 137 of the Limitation Act, 1963, even if filed after thirty years, as the rights crystallized by the preliminary decree remain enforceable until a final decree is passed. The Court emphasized that the lis continues until the final decree is made, and there is no limitation for seeking the appointment of a court commissioner for executing the preliminary decree. The judgment reaffirmed the principles established in previous cases, including Bhusan Chandra Mondal vs. Chhabimoni Dasi and Laxmi & Ors. vs. A. Sankappa Alwa & Ors., regarding the nature of partition suits and the execution of preliminary decrees.