Supreme Court of India
M.L. Subbara Ya Setty (dead) by Lrs. and Ors. v. M.L. Nagappa Setty (dead) by Lrs. and Ors.
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What the Court ordered
In view of the aforesaid, we find no infirmity in the impugned judgment of the High Court and, thus, appeals are dismissed.
Judgment, page 19
From the headnote
Partition-Joint family property-Movable and immovable property Joint status severed in 1940-Suit for partition in 1948-Preliminary decree ascertaining plaintiff's share as 2/19th-Direction that present possession of the parties shall be respected as far as possible-In proceedings for final decree movable property allotted to plaintiffs and immovable property to defendants-Appeal by ho.th parties-f>laintiff's appeal allowed and defendant's appeal dismissed by High Court-On appeal-Held, plaintiff entitled to 2/19th share ofjointfamily property including immovable property- The non-availability
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