T.P.JOSEPH Vs. RONALD T.DENNISON

JUDGEMENT

(1.) Set forth for jural consideration in these Original Petitions is when and in what circumstances can a court, call upon to issue final decree in a suit for partition, order sale of the properties involved therein and distribution of its proceeds, deviating from the default method of effecting its partition by metes and bounds, particularly when the preliminary decree orders such.

(2.) This issue has come up for examination of this Court because one of the co-owners of the property sought to be partitioned has challenged the various orders of the Trial Court, as per which, a preliminary decree ordering partition of the plaint schedule property was, in fact, directed to be sold by auction among its sharers.

(3.) To obtain a hang of the controversy between the parties, the facts involved will certainly need close assessment; but before doing so, I deem it imperative to purvey the applicable law relating to partition of immovable properties.