S SHIVRAJ REDDY DIED THROUGH HIS LRS Vs. S RAGHURAJ REDDY AND ANR

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 6494 of 2016, Judgment Date: Jul 18, 2016

                                                              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 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  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withdrawn with a further direction to conduct  public  auction  as  directed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.

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.

7.    The appeal is disposed of with no order as to costs.

                                                       ...................J.
                                                         [KURIAN JOSEPH]


                                                      ....................J.
                                                 [ROHINTON FALI NARIMAN]
 NEW DELHI;
 JULY 18, 2016