Supreme Court · 2023 INSC 581 · Decided 15 June 2023
M/S Trinity Infraventures LTD. & ORS. ETC. v. M. S. Murthy & ORS. ETC.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 581 · [2023] 8 S.C.R. 283
- Case number
- CIVIL APPEAL No. 4049/2023
- Decided
- 15 June 2023
- Bench
- V. RAMASUBRAMANIAN, PANKAJ MITHAL (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Suit - Partition suit - Decree - Preliminary decree - Mathruka property - Whether on facts, the Division Bench of the High Court was right in declaring that the preliminary decree dated 28.06.1963 was vitiated by fraud and consequently null and void, especially when evidence let in - Held: The preliminary decree dated 28.06.1963 could not have determined the claim to title made by the legal heirs seeking partition, as against third parties - Any finding rendered in the preliminary decree, that the properties were Mathruka properties liable to be
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