Gangubai Raghunath Ayare vs. Gangaram Sakharam Dhuri (D) Thr. LR’s. & Ors. (SC)

Partition & Administration of the Estate–Suit for administration of the estate–Decreed with the direction to handover the possession of 1/2 portion of the property–In first appeal, High Court was of view that V was having 1/5 undivided share in the property, therefore, the sale deed executed by him would be valid to the extent of his 1/5 share–Instant appeal–When the principal prayer for administration of the estate was rejected by the Trial Court, that too non-maintainable, any other prayer which seeks partition cannot be granted until the proper parties are impleaded in the suit–When V passed away during the pendency of suit, only his wife was brought on record and his sons and daughter, were not impleaded–Trial Court is directed to decide the suit for partition within three months, if it is filed–Meanwhile, status quo shall be maintained in regard to the property.