Smt H B Bharathi v. Sri H S Raghavendra
Case brief
What is this about?
Article 227 writ against rejection of Section 151 CPC application for drawing up of preliminary decree in partition suit O.S.No.6469/2018; trial court refused preliminary decree owing to inter se dispute on quantum of share (plaintiff claimed 1/4th; defendants proposed 1/5th each to plaintiffs and defendant No.2 and 3/5th to defendant No.3); Karnataka HC found no error or illegality and dismissed the writ; six-month outer limit fixed for suit disposal subject to no stay; parties directed to co-operate; pending applications disposed. Keywords: preliminary decree; quantum of share; partition; Section 151 CPC; Article 227; GM-CPC; VIII Addl. City Civil and Sessions Judge Bengaluru; NC: 2026:KHC:16356.
What did the court decide?
None to the petitioners; writ petition dismissed. Trial court directed to dispose of O.S.No.6469/2018 within six months of receipt of a certified copy of the order, provided there is no stay; parties directed to co-operate; all pending applications disposed of.