PRASANNA VENKATACHALAM Vs. AKKAMMA

JUDGEMENT

(1.) The dispute between the members of the family in the year 1977 is yet to reach finality, though there was a preliminary decree passed as early as on 02.08.1999.

(2.) In pursuant to the preliminary decree, an order was passed in A.No.1244 of 2001, on 22.12.2014 by which, the "F" schedule property, which we are concerned with, was sought to be auctioned, after having found it to be indivisible. The following are the relevant portions:

(3.) In A.No.3932 of 2013, an order was passed on 16.02.2016 directing the learned Advocate Commissioner to bring the "F" schedule property for pubic auction, by fixing the upset price at Rs.21,64,65,000/- (Rupees Twenty one Cores Sixty Four lakhs and Sixty Five Thousand only). Thereafter, at the instance of the appellant, one more order was passed on 26.03.2016, by which another attempt was made to divide the property. The learned Advocate Commissioner, once again reiterated the earlier stand, which was taken note of in the order dated 22.12.2014 by stating that the "F" scheduled property can never be divided.