Supreme Court · 2002 INSC 218 · Decided 23 April 2002

M.L. Subbara Ya Setty (Dead) BY LRS. and ORS. v. M.L. Nagappa Setty (Dead) BY LRS. and ORS.

Court
Supreme Court of India
Citation
2002 INSC 218 · [2002] 3 S.C.R. 326
Case number
CIVIL APPEAL No. 2892/2002
Decided
23 April 2002
Bench
U.C. BANERJEE, Y.K. SABHARWAL (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

Partition-Joint family property-Movable and immovable property­ Joint status severed in 1940-Suit for partition in 1948-Preliminary decree C ascertaining plaintiff's share as 2/19th-Direction that present possession of the parties shall be respected as far as possible-In proceedings for final and immovable property to defendants-Appeal by ho.th parties-f>laintiff's appeal allowed and defendant's appeal dismissed by High Court-On appeal-Held, plaintiff entitled to 2/19th share ofjointfamily property including immovable property- D The non-availability of shares and bonds etc. by

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