ASHWINI CA 324/15 13/01/15 [ Abhay JJ ] [ SUPREME COURT ]

• Hindu Law Partition In a suit filed by a co-sharer, coparcener, co-owner or joint owner, for partition and separate possession of his share qua others, it is necessary for Court to examine nature and character of properties in suit Secondly, how devolution of his interest in property took place consequent upon his death on surviving members of family and in what proportion Thirdly whether properties in suit are capable of being partitioned effectively and if so, in what manner Lastly, whether all properties are included in suit and all co sharers, coparceners, co owners or joint owners, are made parties to suit These issues being material for proper disposal of partition suit, have to be answered by Court on the basis of family tree, inter se relations of family members, evidence adduced and principles of law applicable to case Impugned judgment set aside and case remanded to High Court for deciding first appeal and cross objections afresh SHASIDHAR vs

Leave granted.
2. This appeal is filed by the defendants against
the judgment and order dated 06.12.2012 passed
1
VERSUS
Appellant(s)

by the Division Bench of the High Court of Karnataka Circuit Bench at Dharwad in Regular First Appeal No. 3052 of 2010, which in turn arises out of the judgment and decree dated 10.02.2010 passed by the Ist Additional Civil Judge (Sr. Division) at Hubli in Original Suit No. 73 of 2004.
3. In order to appreciate the short issue involved in this appeal

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Shasidhar & Others Vs Ashwini Uma Mathad & Anr. Judgment Supreme Court the law literates

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