Authority: Supreme Court of India

Order Date: 8 October 2026

Case Overview

  • Parties: Appellant B. Raghavendra Hedge (deceased) by legal representatives vs. Respondent Manorama J. Shanbhogue and others.
  • The appeal arises from a partition suit filed by Respondent No.01 (plaintiff) seeking division of family property. The Trial Court’s preliminary decree and the High Court’s confirmation held all suit properties to be joint family properties.
  • The properties are categorized into three schedules:
  • Schedule A – five immovable items; Item 1 is the premises where the partnership firm (subject of Schedule C) is situated; Item 2 is a house; Items 3 and 5 are immovable; Item 4 remains unpartitioned.
  • Schedule B – movable assets.
  • Schedule C – the business "Hegde Medicals" conducted on the premises of Schedule A Item 1.
  • The appellant contended that Schedule C ("Hegde Medicals") and Schedule A Item 1 are not joint family properties; the former is a business, the latter is held on tenancy. He invoked Order 41 Rule 27 CPC for production of additional documents and sought relief under Section 32 of the Hindu Succession Act 1956 read with Section 24 of the Partition Act 1893.
  • Respondents argued that factual findings of both lower courts establish the properties as joint family assets and that the statutory provisions cited by the appellant are inapplicable.

Final Outcome

  • The Supreme Court set aside the High Court’s judgment and decree concerning Schedule C property ("Hegde Medicals") and Schedule A Item 1, remitting these specific issues back to the High Court for fresh consideration, including the appellant’s application for additional documents.
  • The Court upheld the lower courts’ decisions on all remaining properties, confirming them as joint family properties where the title is in the name of the karta.
  • The High Court is directed to dispose of the remitted matters within one year from receipt of this order.
  • The appellant is granted liberty to raise the plea under Section 32 of the Hindu Succession Act 1956 together with Section 24 of the Partition Act 1893 in the manner prescribed by law.
  • The appeal is allowed in part; any pending applications, if any, stand disposed of.

Topics: Legal Dispute, Property Partition, Supreme Court Order