Supreme Court of India

M/s Trinity Infraventures Ltd. & Ors. Etc. v. M. S. Murthy & Ors. Etc.

Neutral citation
Bench V. Ramasubramanian and Pankaj Mithal JJ.
Decided 15 June 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the above, all the appeals arising out of SLP (C) Nos.8884-8887 of 2022, SLP (C) Nos.8888-8891 of 2022 and SLP (C) No.24098 of 2022 are liable to be dismissed.

Judgment, page 87

From the 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 there was no pleading and no 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 partitioned, was…

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