Supreme Court · 2025 INSC 514 · Decided 21 April 2025
Manjunath Tirakappa Malagi and ANR. v. Gurusiddappa Tirakappa Malagi (Dead Through Lrs)
- Court
- Supreme Court of India
- Citation
- 2025 INSC 514 · [2025] 4 S.C.R. 1409
- Case number
- CIVIL APPEAL No. 5373/2025
- Decided
- 21 April 2025
- Bench
- SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 23, 2
Headnote
Whether a fresh suit can be filed to challenge a compromise decree. Code of Civil Procedure, 1908 - Suit seeking partition claiming that the suit property is not ancestral property - Held, the suit property purchased by funds in the name of the father of the appellant is joint family property - The appellants contended that since the suit property is not an ancestral property, it cannot be partitioned amongst their father, grandfather and father's brothers - The Appellants further
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