VENU vs PONNUSAMY REDDIAR (DEAD) THR. LRS

The Supreme Court ruled that the execution of a preliminary decree for partition is not barred by limitation, even if the application is filed after thirty years, as the rights to claim partition remain active until a final decree is passed. The Court clarified that the application for the appointment of a court commissioner does not have a prescribed limitation period, thus allowing the decree holder to seek execution without being hindered by time constraints. The Court upheld the principle that the lis continues until the preliminary decree culminates in a final decree, referencing Article 137 of the Limitation Act, 1963.