Allahabad High Court Refers Question on Appealability of Preliminary Partition Decree to Larger Bench

The Allahabad High Court has referred to a larger bench the question of whether a preliminary decree in a partition suit is an interlocutory order or one that finally decides parties' substantial rights.

The Court also raised the issue of whether such a decree is appealable under Section 207 of the U.P. Revenue Code, 2006, in light of a bar against appeals on interim decrees under Section 209(f).

The Court found conflicting judgments on the maintainability of appeals against preliminary decrees in partition matters. (Ashok Kumar Maurya v. The State Of U.P. And 25 Others)