HASHAM ABBAS SAYYAD Vs. USMAN ABBAS SAYYAD
LAWS(SC)-2006-12-84
SUPREME COURT OF INDIA
Decided on December 12,2006

HASHAM ABBAS SAYYAD Appellant
VERSUS
USMAN ABBAS SAYYAD Respondents


Referred Judgements :-

BOMBAY DYEING AND MFG. CO. LTD. LTD. V. BOMBAY ENVIRONMENTAL ACTION GROUP AND OTHERS [REFERRED TO]
WEST BENGAL ESSENTIAL COMMODITIES SUPPLY CORPORATION VS. SWADESH AGRO FARMING AND STORAGE PRIVATE LIMITED [REFERRED TO]
HAMEED JOHARAN D VS. ABDUL SALAM D [REFERRED TO]
RACHAKONDA VENKAT RAO VS. R SATYA BAI [REFERRED TO]



Cited Judgements :-

BASAPPA S/O RUDRAPPA VS. KAMALA KOM SHIVAPUTRA LIGADE [LAWS(KAR)-2020-2-166] [REFERRED TO]
EMPLOYEES STATE INSURANCE CORPORATION VS. M R F LTD [LAWS(KER)-2011-11-46] [REFERRED TO]
M GOPI, S/O MRITHUNJAYAN VS. R KRISHNAN, S/O RAMAN [LAWS(KER)-2014-3-237] [REFERRED TO]
ASHOK KUMAR VS. KOOTTALA KSHETHRA KSHEMA SAMITHY [LAWS(KER)-2015-6-188] [REFERRED TO]
PRASANNAKUMAR VS. THE STATE OF KERALA [LAWS(KER)-2014-10-127] [REFERRED TO]
HARIVANSH CHOUDHARY VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-12-33] [REFERRED TO]
DISTRICT COLLECTOR/CHAIRMAN, LOCAL PLANNING AUTHORITY VS. DANIAL THANGARAJ [LAWS(MAD)-2013-7-68] [REFERRED TO]
SANKARAN VS. GIRIJA [LAWS(MAD)-2023-2-265] [REFERRED TO]
B.S. MAHABALA VS. GOPALA KRISHNA AND ANR. [LAWS(SC)-2017-4-83] [REFERRED TO]
ROURKELA TECHNICAL EDUCATIONAL SOCIETY AND ORS. VS. COLLECTOR CUM DISTRICT MAGISTRATE AND ORS. [LAWS(ORI)-2011-5-39] [REFERRED TO]
NARESH KANAYALAL RAJWANI VS. KOTAK MAHINDRA BANK LTD. [LAWS(BOM)-2021-3-132] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. KAMAL THAKUR [LAWS(HPH)-2017-11-15] [REFERRED TO]
SWARN MALHOTRA VS. VISHNU PURI [LAWS(DLH)-2008-4-84] [REFERRED TO]
TAPAN KUMAR RAI VS. ASHOK KUMAR RAI [LAWS(CHH)-2008-3-15] [REFERRED TO]
THATIPAMULA NARESH KUMAR VS. STATE OF TELANGANA [LAWS(TLNG)-2022-3-82] [REFERRED TO]
VIRENDRA KUMAR VS. DEVENDRA KUMAR [LAWS(MPH)-2014-2-163] [REFERRED TO]
KASTURI DEVI JAIN VS. UNION OF INDIA [LAWS(MPH)-2010-4-50] [REFERRED TO]
DARSHANI GHILDIYAL VS. SHRI DEEPAK JYOTI GHILDIYAL [LAWS(UTN)-2022-9-88] [REFERRED TO]
NAGAR PALIKA NIGAM VS. HEMANT KUMAR [LAWS(MPH)-2014-2-58] [REFERRED TO]
T.C. RAMADOSS AND ORS. VS. THE CHIEF MANAGER & AUTHORISED OFFICER STATE BANK OF INDIA AND ORS. [LAWS(MAD)-2015-1-158] [REFERRED TO]
ARUN RAISURANA VS. JAMSHEDPUR PROPERTY DEVELOPERS PRIVATE LIMITED [LAWS(JHAR)-2023-10-36] [REFERRED TO]
JAGDEO MAHTO VS. COMMISSIONER NORTH CHOTANAGPUR DIVISION HAZARIBAGH [LAWS(JHAR)-2009-2-12] [REFRRED TO]
DAVIS VS. INTELLIGENCE OFFICER [LAWS(KER)-2013-2-112] [REFERRED TO]
TRAVANCORE DEVASWOM BOARD VS. MOHANAN NAIR [LAWS(KER)-2013-5-128] [REFERRED TO]
SARDAR BASANT SINGH KALSI VS. STATE OF M.P AND OTHERS [LAWS(MPH)-2018-2-548] [REFERRED TO]
VIJAY SOOD VS. KANAK DEVI AND ORS. [LAWS(MPH)-2016-3-39] [REFERRED TO]
BHARATIYA SHIKSHAN PRASARAK SANSTHA VS. COLLECTOR [LAWS(BOM)-2008-8-178] [REFERRED TO]
LAXMAN LADU RAUT VS. UNION OF INDIA [LAWS(BOM)-2007-4-85] [REFERRED TO]
ARJUN RAGHUNATH WANKHEDE VS. NAGPUR IMPROVEMENT TRUST [LAWS(BOM)-2024-1-28] [REFERRED TO]
EXPRESS PUBLICATION MADURAI LTD VS. INDIA MEDIA SERVICES PVT LTD [LAWS(CAL)-2009-12-5] [REFERRED TO]
CHAWALI VS. STATE OF U P [LAWS(ALL)-2014-1-481] [REFERRED TO]
UNION OF INDIA VS. VIDEOCON INDUSTRIES LTD [LAWS(DLH)-2012-3-1] [REFERRED TO]
MANAGING COMMITTEE OF SHREE BALKRISHNA VITHALNATH VIDYALAYA VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-8-189] [REFERRED TO]
KUSUM KUMRIA AND ORS. VS. PHARMA VENTURE (INDIA) PVT. LTD. AND ORS. [LAWS(DLH)-2015-10-322] [REFERRED TO]
INDU SINGH AND ANR VS. PREM CHAUDHARY AND ORS [LAWS(DLH)-2018-5-238] [REFERRED TO]
BIMAL KUMAR VS. SHAKUNTALA DEBI [LAWS(SC)-2012-2-41] [REFERRED TO]
SHUB KARAN BHBNA ALIAS SHUB KARAN PRASAD BUBNA VS. SITA SARAN BUBNA [LAWS(SC)-2009-8-93] [REFERRED TO]
GURNAM SINGH VS. G.S. GILL [LAWS(NCD)-2014-10-67] [REFERRED TO]
SHREE BALKRISHNA VITHALNATH VIDYALAYA VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-8-42] [REFERRED TO]
RAMESH CO VS. IMPERIAL TUBES PRIVATE LIMITED [LAWS(CAL)-2022-4-7] [REFERRED TO]
GANGA RAMAN SHARMA VS. STATE OF U.P. [LAWS(ALL)-2016-4-204] [REFERRED TO]
MUKESH KUMAR VS. STATE OF U P AND OTHERS [LAWS(ALL)-2016-8-189] [REFERRED]
NEW DELHI MUNICIPAL COUNCIL VS. PROMINENT HOTELS LIMITED [LAWS(DLH)-2015-9-98] [REFERRED TO]
AMAR NATH KUMAR VS. AMAR NATH KUMAR [LAWS(GAU)-2012-2-23] [REFERRED TO]
PRADEEP CHAND SHARMA VS. BUDHI DEVI [LAWS(HPH)-2017-4-11] [REFERRED TO]
JAGADISH CHANDRA PARIJA (DEAD) VS. SREECHANDRA PARIJA & OTHERS [LAWS(ORI)-2017-4-92] [REFERRED TO]
BIKOBA DEORA GAIKWAD VS. HIRABAI MARUTIRAO GHORGARE [LAWS(SC)-2008-5-18] [REFERRED TO]
P. TARACHAND VS. SESHAMAL M. JAIN [LAWS(KAR)-2019-12-259] [REFERRED TO]
ADVANCE MAGAZINE PUBLISHERS INC VS. BOMBAY RAYON FASHIONS LTD [LAWS(DLH)-2020-9-134] [REFERRED TO]
DHANI RAM VS. DIVISIONAL MANAGER, FOREST WORKING DIVISION [LAWS(HPH)-2016-12-180] [REFERRED TO]
MHALELIE RIO VS. GEINUO SOPFII, RESIDENT OF CHIECHAMA VILLAGE [LAWS(GAU)-2020-2-138] [REFERRED TO]
PROGRESSIVE CONSTRUCTIONS LTD VS. STATE OF ANDHRA PRADESH REVENUE (CT)-I, DEPARTMENT, REP , BY ITS PRINCIPAL SECRETARY TO GOVERNMENT AND OTHERS [LAWS(APH)-2017-11-73] [REFERRED TO]
AMAR NATH KUMAR VS. MRINAL KANTI KHULLAR [LAWS(GAU)-2008-9-17] [REFERRED TO]
VIRENDRA BAHADUR SINGH VS. U P STATE WAREHOUSING CORP LUCKNOW THRU CHAIRMAN & 2 ORS [LAWS(ALL)-2017-11-88] [REFERRED TO]
KUSUM VS. MALTI [LAWS(BOM)-2022-1-352] [REFERRED TO]
P. V. LAKSHMI AMMA WIFE OF RAJENDRAN VS. P. N. RAJENDRAN [LAWS(KER)-2020-10-45] [REFERRED TO]
ZAHIDUNNISA VS. C A SATTAR [LAWS(MAD)-2008-4-11] [REFERRED TO]
PARITOSH KUMAR RAI VS. UNION OF INDIA [LAWS(JHAR)-2021-2-4] [REFERRED TO]
B V HARINARAYANA REDDY VS. KUMARI CHUKKI NANJUNDA SWAMY [LAWS(KAR)-2011-9-31] [REFERRED TO]
ASHOK B HINCHIGERI VS. STATE OF KARNATAKA [LAWS(KAR)-2008-3-42] [REFERRED TO]
M A MUHAMMED KUNJU VS. BIJU [LAWS(KER)-2008-4-7] [REFERRED TO]
ATMA TUBE PRODUCTS LIMITED VS. HERO CYCLES LIMITED [LAWS(P&H)-2011-3-278] [REFERRED TO]
KHATUN AND ORS. VS. ADINATH TEXTILES AND ORS. [LAWS(RAJ)-2015-5-151] [REFERRED TO]
AUTHORISED OFFICER INDIAN BANK NAMAKKAL VS. K PANNER [LAWS(MAD)-2009-4-613] [REFERRED TO]
DILIP SAPRE VS. STATE OF M.P. [LAWS(MPH)-2023-2-118] [REFERRED TO]
BHUPAT LAL VS. SMT ITIYA BAI [LAWS(MPH)-2020-12-28] [REFERRED TO]
UNION OF INDIA VS. AGGARWALS AND AGGARWALS [LAWS(RAJ)-2022-10-6] [REFERRED TO]
SUNITA RAJPUT VS. YOGENDER RATAWAL [LAWS(DLH)-2010-5-68] [REFERRED TO]
E BHASKARA RAO VS. ANDHRA PRADESH PAPER MILLS LTD [LAWS(APH)-2011-8-89] [REFERRED TO]
NAUSHAD AHMED VS. NIRMALA AGARWAL [LAWS(CAL)-2007-6-27] [REFERRED TO]
T. SESHAMMA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-9-73] [REFERRED TO]
MAHADEO S/O BHAGWAT KHATAWKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-7-111] [REFERRED TO]
PREM DASS AND ORS. VS. SUJATA [LAWS(DLH)-2016-2-276] [REFERRED TO]
GIRISH S/O RAMSHANKAR UPADYAY VS. SHARAD S/O RAMSHANKAR UPADHYAY [LAWS(BOM)-2022-1-131] [REFERRED TO]
SYED ZAKIR ALI JAWAR ALI VS. SYED ZAHID ALI JAWAR ALI [LAWS(BOM)-2007-7-127] [REFERRED TO]
YASHODA DEVI VS. NEETA DEVI [LAWS(CHH)-2008-9-2] [REFERRED TO]
NARMADABAI RAMA KAMALCHA VS. GODABAI N MANJUCHA [LAWS(BOM)-2007-4-32] [REFERRED TO]
NATIONAL HIGHWAY AUTHORITY OF INDIA VS. B. SEENAIAH & COMPANY (PROJECTS) LTD. [LAWS(CAL)-2015-3-107] [REFERRED TO]
AKHALAK AHMED NIZAMALI BUKHARI VS. GUJARAT STATE WAQF BOARD [LAWS(GJH)-2020-9-884] [REFERRED TO]
ABHISHEK JAIN VS. INCOME TAX OFFICER, WARD - 55(1) NEW DELHI & ANOTH [LAWS(DLH)-2018-6-22] [REFERRED TO]
SECRETARY, TDB, THIRUVANANTHAPURAM. VS. STATE [LAWS(KER)-2013-5-110] [REFERRED TO]
S.K. PANDIT AND ORS. VS. SREEKRISHNA SWAMY DEVASWOM AND ORS. [LAWS(KER)-2015-6-123] [REFERRED TO]
RUKMANI VS. V UDAY KUMAR [LAWS(KAR)-2007-8-10] [REFERRED TO]
MOST HAZARA KHATOON W/O LATE MD QURBAN VS. MD KALIM S/O LATE MD QURBAN [LAWS(JHAR)-2015-5-96] [REFERRED TO]
MURTHUJABI VS. NILAMMA [LAWS(KAR)-2013-2-245] [REFERRED TO]
XO FOOTWEAR PVT LTD VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-9-51] [REFERRED TO]
RAM MURTI CHOUDHARY VS. RAM NIHORA CHOUDHARY [LAWS(PAT)-2016-8-28] [REFERRED TO]
M/S. PERFINT HEALTHCARE PVT. LTD. VS. CALIFORNIA INSTITUTE OF COMPUTER ASSISTED SURGERY INC. [LAWS(MAD)-2019-1-179] [REFERRED TO]
P SHUYJAATH RAHEED VS. STATE BANK OF INDIA [LAWS(MAD)-2012-6-27] [REFERRED TO]
MADHYA PRADESH MADHYA KSHETRA VIDHUT VITRAN CO.LTD. VS. SAVITRI DEVI GOYAL [LAWS(MPH)-2013-1-152] [REFERRED TO]
SOMASHEKAR D PATIL VS. D S PATIL [LAWS(KAR)-2009-11-48] [REFERRED TO]
SHRIPAL EDUCATION SOCIETY VS. STATE OF M P [LAWS(MPH)-2007-9-140] [REFERRED]
JOSE P T VS. INTELLIGENCE OFFICER [LAWS(KER)-2013-2-114] [REFERRED TO]
AYYAVU VS. GNANAMUTHU [LAWS(MAD)-2009-12-340] [REFERRED TO]
VEERESH KOTAGI VS. M. SHIVALINGAPPA (KARNATAKA)(D.B.) [LAWS(KAR)-2017-9-111] [REFERRED TO]
RADHAMANI BEWA VS. NATABAR SENAPATI (DEAD) SMT. NISAMANI SENAPATI [LAWS(ORI)-2014-9-116] [REFERRED TO]
KALLERI KUNHAMMED VS. K. V. MUHAMMED [LAWS(KER)-2022-12-207] [REFERRED TO]
MANOJ KUMAR TRIPATHY VS. MAYARANI PRAHARAJ [LAWS(ORI)-2010-3-7] [REFERRED TO]
M.V.SUBBA RAO VS. LAND ACQUISITION OFFICER [LAWS(KAR)-2013-2-237] [REFERRED TO]
SURINDER SINGH SAUTHA VS. RAJA YOGINDRA CHANDRA [LAWS(HPH)-2014-5-59] [REFERRED TO]
MUKANCHAND BOTHRA MAYAVARAM BOTHRA VS. KULWANT SINGH [LAWS(MAD)-2012-1-193] [REFERRED TO]
NAUSHAD AHMED VS. NIRMALA AGARWAL [LAWS(CAL)-2007-12-3] [REFERRED TO]
LAKSHMI PARVATHI VS. K UMAMAHESWARI [LAWS(APH)-2011-3-29] [REFERRED TO]
P.V. RATHNAMMA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-9-69] [REFERRED TO]
NUMAZAR DORAB MEHTA & ORS. VS. ASSAM COMPANY INDIA LTD. [LAWS(CAL)-2015-10-147] [REFERRED TO]
R.P. KHOSLA VS. HON'BLE COMPANY LAW BOARD [LAWS(DLH)-2013-9-484] [REFERRED TO]
R P KHOSLA VS. HON'BLE COMPANY LAW BOARD [LAWS(DLH)-2014-1-276] [REFERRED TO]
SATYA NARAYAN PRASAD GUPTA VS. BIJAY KUMAR GUPTA [LAWS(PAT)-2023-8-50] [REFERRED TO]
STATE OF PUNJAB VS. SARABDEEP SINGH VIRK [LAWS(BOM)-2009-8-13] [REFERRED TO]
GANGARAM CHHABILDAS CHARITY TRUST VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-1-53] [REFERRED TO]
NAZRUL ISLAM VS. STATE OF WEST BENAGAL [LAWS(CAL)-2008-6-56] [REFERRED TO]
STATE OF WEST BENGAL & ORS VS. SUSANTA SINGHA MAHAPATRA [LAWS(CAL)-2018-12-21] [REFERRED TO]
BAI RAJEMA ILUDDIN & 6 VS. TAHIRUNISA ILMUDDIN [LAWS(GJH)-2015-10-216] [REFERRED]
USHA CHATRATH VS. J B KOHLI & ORS [LAWS(DLH)-2019-5-267] [REFERRED TO]
MATHEW VS. RAJAN [LAWS(KER)-2016-1-65] [REFERRED TO]
K. ROHIA BEEVI AND ORS. VS. THE PRINCIPAL COMMISSIONER AND COMMISSIONER OF LAND REFORMS, CHEPAUK AND ORS. [LAWS(MAD)-2019-12-620] [REFERRED TO]
SETH JAMNA DASS LALLU BHAI CHARITABLE TRUST, MUMBAI AND ORS. VS. ESTATE OFFICER AND ORS. [LAWS(RAJ)-2015-9-106] [REFERRED TO]
SALEM PERIYAR KUDIYIRUPPU NALA SANGAM VS. STATE OF TAMIL NADU [LAWS(MAD)-2008-12-293] [REFERRED TO]
M/S. EXL CAREERS VS. FRANKFINN AVIATION SERVICES PRIVATE LIMITED [LAWS(SC)-2020-8-1] [REFERRED TO]
K SUNDAR RAO VS. K RAMAKRISHNA RAO [LAWS(KAR)-2007-9-36] [REFERRED TO]
WILLIAMS VS. LOURDUSAMY [LAWS(SC)-2008-4-55] [REFERRED TO]
WILLIAMS VS. LOURDUSAMY [LAWS(SC)-2008-4-55] [REFERRED TO]
MANOHAR SHANKAR NALE VS. JAIPALSING SHIVLALSING RAJPUT [LAWS(SC)-2007-11-78] [REFERRED TO]
NARMADA GINNING AND PRESSING FACTORY VS. STATE OF M. P. [LAWS(MPH)-2021-10-117] [REFERRED TO]
SHYAM SUNDAR ROUT & OTHERS VS. BISWA MOHAN DAS & OTHERS [LAWS(ORI)-2018-4-21] [REFERRED TO]
KAMLA BAI PATEL VS. VIDHYAWATI PATEL [LAWS(MPH)-2008-6-6] [REFERRED TO]
KANAKAM VAMANA SHENOY VS. GOPINATH SHENOY [LAWS(KER)-2007-10-78] [REFERRED TO]
P P CHAAMI VS. STATE OF KARNATAKA [LAWS(KAR)-2008-3-48] [REFERRED TO]
VADODARA MUNICIPAL CORP VS. SHITAL PRAKASH HARLIKAR [LAWS(GJH)-2010-1-10] [REFERRED TO]
TIKAM RAM VS. SH. PURSHOTAM RAM [LAWS(HPH)-2011-6-56] [REFERRED TO]
SAT PAL VS. MAM CHAND [LAWS(HPH)-2014-5-90] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. HAPPY [LAWS(HPH)-2019-5-122] [REFERRED TO]
THOTTEMPUDI KRISHNA PRASAD VS. ANNE SRINIVASA RAO [LAWS(APH)-2018-4-81] [REFERRED TO]
KEDIA CASTLE DELLON INDUSTRIES LIMITED VS. STATE OF CHHATTISGARH [LAWS(CHH)-2013-7-7] [REFERRED TO]
M.A. MUJEEB VS. HABEEB ALLADIN [LAWS(TLNG)-2019-8-86] [REFERRED TO]
WILLIAMS VS. LOURDUSAMY [LAWS(SC)-2008-4-124] [REFERRED TO]
FAQRUDDIN DEAD VS. TAJUDDIN DEAD [LAWS(SC)-2008-5-62] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)Appellant, Respondent No.1 and Respondent No.2 are brothers. A suit for partition was filed by Respondent No.1. A preliminary decree was passed on 16.03.1999. An application purported to be a Special Darkhast was filed by him on 29.11.1999. An Advocate Commissioner was appointed. He was of the opinion that the property was impartible. A proposal was mooted that the property be put on sale in between the co- sharers. Appellant accepted the Commissioner's report. He however filed an application for putting the said suit property on auction sale and for equal distribution of the proceeds thereof amongst the co-sharers. An objection to the report of the said Advocate Commissioner was filed by the appellant. The court allowed the appellant to appoint an architect at his own cost. He, however, failed to comply with the said order. A sale proclamation was issued. The appellant expressed his intention to buy the said property at the valuation made by the Government Valuer. A valuation report was filed by the appellant on 04.05.2005 against which Respondent No.1 filed an objection. The appellant was called upon to deposit 2/3rd of the amount stated in the valuation report. He failed to do so. On or about 21.11.2005, he filed an application expressing his willingness to deposit shares of Respondent Nos. 1 and 2. He also sought for permission to deposit an amount of Rs.2.5 lakhs. By an order dated 22.11.2005, the Trial Court held that since the property was put on auction sale, the highest bid would be treated to be the best price of the suit property and there was no need for appointment of any valuer to ascertain the market price thereof. Another objection was filed by the appellant stating that in view of the facts and circumstances of the case, he should be allowed to buy the shares of other so-sharers. The said application was rejected by an order dated 14.12.2005. By an order dated 15.04.2006, the learned Trial Judge held that it was not necessary to initiate a final decree proceeding and the said purported Special Darkhast filed by Respondent No.1 was treated to be an application therefor. A writ petition filed by the appellant was dismissed by the High Court by reason of the impugned order.
(3.)The short question which, inter alia, arises for consideration is as to whether the property in suit could be put on auction sale without initiating a formal final decree proceeding.


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