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Can Courts Add Left-Out Properties After Passing Preliminary Partition Decree? SC To Decide

Can Courts Add Left-Out Properties After Passing Preliminary Partition Decree? SC To Decide

M Byrappa v. H.N. Sonnappa & Ors. [order dated April 27, 2026]

Supreme Court

The Supreme Court has appointed Advocate Pranay Chitale as amicus curiae to assist the Court on behalf of several respondents who remained unrepresented in a special leave petition arising from a Karnataka land dispute matter.

The case relates to a partition dispute and final decree proceedings, questioning whether properties omitted from a preliminary decree can be included and adjudicated during subsequent final proceedings. The Karnataka High Court ruled that multiple preliminary decrees are permissible in partition suits to include properties omitted in earlier proceedings, ensuring complete justice among co-sharers. The court affirmed that trial courts possess the authority to amend or pass additional preliminary decrees to handle omitted properties during the final decree stage. Against this order of the Karnataka High Court, the appeal is preferred before the Supreme Court.

A Bench of Justice Sanjay Karol and Justice Augustine George Masih noted that while notice had been served upon multiple respondents, none had entered an appearance on their behalf. “In the interest of justice, we request and appoint Mr. Pranay Chitale, learned counsel… as amicus curiae (pro bono), to assist the Court on behalf of respondent nos.1,5,10 and 18 to 21,”

The Court further directed the Registry to provide the complete digital paper book to the amicus within one week and asked Mr Chitale to directly contact the concerned respondents in writing, informing them about the pendency of the case, the Court’s order, and their right to engage a lawyer of their choice or seek legal aid representation, subject to eligibility.

The Bench also directed the amicus to coordinate with the concerned District Legal Services Authority so that the respondents are apprised of their legal rights. It clarified that the amicus would continue assisting the Court even if the respondents subsequently engaged private counsel.

Appearances

For Petitioner- Mr. D P Chaturvedi, Adv. Mr. Tarun Kumar Thakur, Adv. Mr. Abhay Choudhary M, Adv. Ms. Anuradha Mutatkar, AOR

For Respondent- Mr. Shyam Divan, Sr. Adv. Mr. Sukant Vikram, Adv. Mr. Gaurav Goel, AOR Mr. Rajesh Kumar, Adv. Mr. Bharadwaj S., AOR

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M Byrappa v. H.N. Sonnappa & Ors.

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