Supreme Court of India · 2017-03-21
T.RAVI vs B.CHINNA NARASIMHA & ORS. ETC.
- Citation / case number
- SC 2010/15818
- Court
- Supreme Court of India
- Petitioner
- T.RAVI
- Respondent
- B.CHINNA NARASIMHA & ORS. ETC.
- Author
- ARUN MISHRA
- Bench
- AMITAVA ROY ARUN MISHRA
Judgment text excerpt
The Supreme Court addressed the partition of matruka property under the Civil Procedure Code, specifically referencing Order 9 Rule 9 CPC. The Court held that the High Court's order reinstating the partition suit was valid, as the earlier dismissal was not for default but an adjournment pending receipt of the case file. The Court affirmed the shares determined in the preliminary decree, emphasizing the rights of co-heirs in matruka properties, thereby upholding the partition and rejecting the appeals against the preliminary decree.