Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6494 OF 2016
( Arising out of SLP (C) No. 31234 of 2014)
S SHIVRAJ REDDY DIED THROUGH HIS LRS. APPELLANT (S)
VERSUS
S RAGHURAJ REDDY AND ANR. RESPONDENT(S)
J U D G M E N T
KURIAN,J.
1. Leave granted.
2. The whole dispute pertains to the partition of `A'
Schedule residential property. The IInd Additional Chief
Judge, City Civil Court, Hyderabad vide order dated
JUDGMENT
18.03.2014, ordered the said property to be sold in public
auction. That was challenged by the appellants herein,
before the High Court.
3. The contention is that being a family property, in
terms of the mandate under the Partition Act, 1893, the
attempt should be made to have the property settled amongst
the members of the family. The High Court gave one
opportunity to have the property sold in auction among the
1
Page 1
parties to the suit. It appears that the attempt failed.
In that view of the matter, the Civil Revision Petition was
dismissed as withdrawn with a further direction to conduct
public auction as directed in the order passed by the Trial
Court.
4. There is also a further direction that in case the
premises is not vacated in favour of the highest bidder
within the stipulated time, the consequences will follow.
Thus aggrieved, the appellants are before this Court.
5. Heard learned senior counsel appearing for the
appellants and respondents. Having regard to the facts and
circumstances of the case, we are of the view that the
interest of justice would be met in case the parties are
directed to approach the Trial Court. The Trial Court is
directed to make a further attempt in the true spirit of the
Partition Act.
JUDGMENT
6. We make it clear that if once such an attempt to have
the property auctioned among the members of the family
fails, the Court shall take steps for a public auction.
However, before such steps are taken, the property would be
got valued by an independent valuer. In any case, the
proceedings shall be completed by the Trial Court within six
months.
2
Page 2
7. The appeal is disposed of with no order as to costs.
...................J.
[KURIAN JOSEPH]
....................J.
[ROHINTON FALI NARIMAN]
NEW DELHI;
JULY 18, 2016
JUDGMENT
3
Page 3