Single judge dismissed the civil revision petition contesting a final decree passed in a partition suit. Upholding the lower court’s finding that respondents were not served notice and the decree was not in conformity with the preliminary decree, the revision was held to fail warranting interference.
Civil Revision Petition failed and was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO
CIVIL REVISION PETITION No.3306 of 2018
ORDER:
This Revision is filed challenging the order dt.28-07-2017 in I.A.No.214 of 2016 in I.A.No.529 of 2015 in O.S.No.4 of 2007 of the Senior Civil Judge, Jangaon.
MSR,J C.R.P.No.3306 of 2018
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preliminary decree in regard to the said land, but by playing fraud on the Court and on respondent Nos.1 to 10, final decree was obtained and the said final decree is not in conformity with the preliminary decree.
MSR,J C.R.P.No.3306 of 2018
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Date: 03-04-2019 Vsv
__________________________________ JUSTICE M.S.RAMACHANDRA RAO
2 issues framed by the court
Whether this Court can interfere under Section 115 CPC given the lower court’s finding that respondents were not served notice for the final decree petition.
Whether the lower court erred in dismissing the application to set aside the final decree due to alleged lack of notice and non-conformity with the preliminary decree.
1 provisions across 1 enactments
Petitioner (1st Plaintiff)
Respondents 1 to 10 (Defendants 4 to 12)
M.S.RAMACHANDRA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
