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NC: 2024:KHC-D:15336

8. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents. Perused the materials available on record.

9. Learned counsel for the respondents brings to the notice of this Court that FDP No.5/2018 preferred by the plaintiffs have been concluded on 31.07.2024 and the final decree has been drawn.

10. The Apex Court in the case of SHUB KARAN BUBNA @ SHUB KARAN PRASAD BUBNA VS. SITA SARAN BUBNA AND OTHERS1 has observed at paragraph No.18.3, 20, 21, 22, 31 as under:

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NC: 2024:KHC-D:15336

11. The Apex Court in the case of Kattukandi Edathil Krishnan and another Vs. Kattukandi Edathil Valsan and others2 while reiterating the observations made in the earlier ruling in Shub Karan Bubna (cited supra), has held down as follows:

"33. Final decree proceedings can be initiated at any point of time. There is no limitation for initiating final decree proceedings. Either of the parties to the suit can move an application for preparation of a final decree and, any of the defendants can also move application for the purpose. By mere passing of a preliminary decree the suit is not disposed of. (See : Shub Karan Bubna v. Sita Saran Bubna [Shub Karan Bubna v. Sita Saran Bubna, (2009) 9 SCC 689 :
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NC: 2024:KHC-D:15336 die with liberty to the parties for applying for final decree proceedings like the present case. In some other States, a fresh final decree proceedings have to be initiated under Order 20 Rule 18. However, this practice is to be discouraged as there is no point in declaring the rights of the parties in one proceedings and requiring initiation of separate proceedings for quantification and ascertainment of the relief. This will only delay the realisation of the fruits of the decree. This Court, in Shub Karan Bubna [Shub Karan Bubna v. Sita Saran Bubna, (2009) 9 SCC 689 : (2009) 3 SCC (Civ) 820] , had pointed out the defects in the procedure in this regard and suggested for appropriate amendment to CPC. The discussion of this Court is in paras 23 to 29 which are as under : (SCC pp. 698-700) "A suggestion for debate and legislative action