Application for inclusion of properties in final decree proceedings is not maintainable when properties sought to be included therein are not subject matter of preliminary decree

In this case, the defendant challenged the order rejecting his application for inclusion of properties in final decree proceedings.

Plea of the defendant that there are some other joint family ancestral properties and despite his specific plea in a written statement, said joint family properties not included by the plaintiff in final decree proceedings.

A preliminary decree was drawn in respect of the suit filed by the plaintiff for partition and separate possession. Said decree did not include two properties sought to be included by the defendant.

A suit also filed by the defendant for partition in respect of properties not included in the plaintiff's suit. Said suit already dismissed.

Considering the same, application filed by the defendant requesting the final decree court to include these two properties cannot be entertained and the same is not maintainable.

Application filed by the defendant is not maintainable on the ground that properties sought to be included are not the subject matter of preliminary decree drawn in a suit filed by the plaintiff which has attained finality.

Appearing Counsel: Sri PN Hosmane

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