L.V. Jayaram v. Rama Reddy
Case brief
What is this about?
Single Judge allowed appeal against partition decree, setting aside impugned judgment for non-joinder of necessary co-sharers and non-inclusion of all joint properties, remitting matter afresh.
What did the court decide?
Impugned decree set aside; matter remitted; liberty reserved to implead co-sharers and add properties.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR
R.F.A.No.155 OF 2010 (PAR)
BETWEEN
L.V.JAYARAM AGED ABOUT 53 YEARS, R/O NO.239, KRISHNARAJPURAM, ST.THOMAS TOWN POST, BANGALORE – 560084.
…APPELLANT
(BY SRI. H.R. ANANTHA KRISHNA, ADVOCATE)
AND
- RAMA REDDY
- SINCE DECEASED BY HIS L.RS
Issues for consideration
2 issues framed by the court
Whether the lower court's decree for partition was maintainable without impleading all co-sharers and including all joint properties?
Whether the appeal should be allowed due to failure to consider all rival contentions and procedural deficiencies?
Parties & counsel
- appellant
L.V. Jayaram
- respondent
Rama Reddy
Coram
S.R. Krishna Kumar
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · September
- Registered
- Case no.
- RFA/155/2010
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