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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

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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 In that view of the matter, the Civil Revision Petition was dismissed as withdrawn with a further direction to conduct public auction as directed in the order passed by the Trial Court.  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.

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

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

                ....................J.         [ROHINTON FALI NARIMAN]

NEW DELHI;  JULY 18, 2016

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