Sri.Raghunandan v. Smt.Ambujakshi C N
Case brief
What is this about?
High Court of Karnataka, S.R. Krishna Kumar, J., 19.01.2026, WP No. 20143 of 2025 (GM-CPC). Article 227 petition by judgment debtor No.2 in Ex.31/2017 against rejection of applications under Order XXI Rule 89 CPC and Sections 2 and 3 of the Partition Act, 1893 for valuation of execution schedule item No.3 (compromise decree in FDP.Nos.2/2011 and 3/2011) and purchase of 1/3rd shares of decree holders 1 and 2. Impugned order set aside; applications allowed; Trial Court to value the property and permit petitioner and respondents 3 and 4 to purchase the shares; execution to conclude within six months. No precedents cited.
What did the court decide?
Writ petition disposed of; impugned order dated 10.06.2025 set aside; applications under Order XXI Rule 89 CPC and Sections 2 and 3 of the Partition Act allowed; Trial Court to conduct valuation of item No.3 and permit petitioner and respondents 3 and 4 to purchase 1/3rd share each of respondents 1 and 2 at the value fixed; execution proceedings to be concluded within six months.