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2006 DIGILAW 501 (AP)

PILLELA JANGAPPA v. GARLAPATI PRAKASAM

2006-04-10

L.NARASIMHA REDDY

body2006
( 1 ) THIS CRP is filed against the order dated 6-3-2006 passed by the learned Senior Civil Judge, Bhongir, in LA. No. 178 of 2006 in LA. No. 297 of 2003 in o. S. No. 24 of 1986. ( 2 ) THE petitioner is a third party in o. S. No. 24 of 1986. It was filed by the 1st respondent against Respondents 2 to 4, for the relief of partition and separate possession of the suit schedule property. A preliminary decree was passed on 24-4-1991. The decree was the subject-matter of A. S. No. 1730 of 1991 and batch, which was filed by various parties to the suit. Through a common judgment dated 5-3-2003, this court modified the preliminary decree in certain respects. LA. No. 297 of 2003 was filed by some of the parties for passing final decree. At that stage, the petitioner sought to get himself impleaded, claiming interests for some of the items in the suit schedule property. Initially the LA. was rejected at s. R. stage, through orders dated 16-12-2005. In C. R. P. No. 6913 of 2005, this Court held that the LA. must be numbered, and that it must be considered on merits. It since been numbered as LA. No. 178 of 2006. Through an elaborate order, the trial Court dismissed the application. Hence, this C. R. P. ( 3 ) LEARNED Counsel for the petitioner submi ts that his client has substantial interest, in an item of property, in Schedule-A, and that he is entitled to be impleaded as a party in the final decree proceedings. ( 4 ) A suit for partition, by and large, comprises of two stages, viz. , passing of a preliminary decree, and if any enquiry is to be undertaken for division of property into shares, passing of a final decree. Substantial part of the adjudication takes place, at the stage of passing preliminary decree. Two important questions viz. , the availability of items of property for partition, and the determination of shares of the respective parties are decided at that stage. At the stage of final decree, the properties which are held to be available, are divided into various shares and the shares so determined, are allotted to the respective parties. Two important questions viz. , the availability of items of property for partition, and the determination of shares of the respective parties are decided at that stage. At the stage of final decree, the properties which are held to be available, are divided into various shares and the shares so determined, are allotted to the respective parties. ( 5 ) IN case, the allotment of properties involves in delivery, or exchange of possession, by the parties to the decree, it can be achieved either through the voluntary acts of the parties or through process of execution. Where the execution involves dispossession of third parties, such claims have to be determined in the applications filed under Rule 58 of Order 21 C. P. C. Determination of the rights of third parties vis-a-vis the suit schedule properties is not at all in the realm of the partition suits. The adjudication that gives rise to a preliminary or final decree cannot at all defeat the rights of third parties. The parties are required to take and receive the shares allotted to them, on as is where is basis. ( 6 ) REVERTING the facts of the case, it is evident that the proceedings are at the stage of final decree, and no adjudication of the rights of persons, who " are not parties to it, takes place at this stage. If the final decree proceedings are going to result in any prejudice to the petitioner, it shall always be open to him, to raise an objection at the stage of execution. The learned Senior Civil Judge had appreciated the matter from the proper perspective, and the order under revision does not call for any interference by this Court. ( 7 ) THE C. R. P. is dismissed with the above observation. There shall be no order as to costs.