transferees subsequent to the preliminary decree or death of parties whose rights were carved out in the preliminary decree" there cannot be any addition ... basis of the preliminary decree already passed, and none of the questions settled by the preliminary decree will be allowed to be reagitated
plaintiffs wanted was, modification of the preliminary decree due to change of circumstances. They wanted to implead additional parties as if their father had left ... there is also no necessity to pass any revised or additional preliminary decree.
The question as to whether the plaintiffs are entitled to mesne profits
legal heirs.
Appellants are challenging the preliminary decree passed by the
learned Sub Judge as confirmed by learned Additional District
Judge ... before Additional District Court,
Thalassery challenging the preliminary decree. Learned
Additional District Judge, on re-appreciation of the evidence,
confirmed the preliminary decree and dismissed
with the passing of the final
decree. If a decree is in the nature of a preliminary decree of
partition then in that case ... basis
of the preliminary decree already passed, and none of the questions
settled by the preliminary decree will be allowed to be reagitated
beneficial to him. He would also proceed to contend that a additional preliminary decree should have been passed, consequent upon the subsequent sales effected ... case, insisting on the plea that there should have been additional preliminary decree is neither here nor there and any argument on that line would
Central Provinces, which reversed a preliminary decree of the partition of December 15, 1916, of the additional District Judge of Akola, in Berar, and dismissed ... that the decree of the Court of the Judicial Commissioner should be set aside with costs and the, preliminary decree of the Additional Judge should
also
items covered by the schedule produced by
additional fourth defendant. A preliminary decree
was passed allotting shares as indicated to the
respective sharers stating ... allotted on
payment of requisite court fee in the final decree
stage. That preliminary decree is challenged in
this appeal by the second defendant
well as to the subsequent mortgages were mentioned in the preliminary decree. However, certain additional properties mortgaged to the prior mortgagee (but not mortgaged ... decree. The question was whether such additional properties could be mentioned in the final decree, even though the same were not mentioned in the preliminary
hearing, a preliminary decree as well as final decree had been passed exparte in O.S.No.253 of 2007 by Additional District & Sessions ... respondent, preliminary decree was passed. It is only an exparte preliminary decree. Similarly, the second respondent did not participate in the final decree application
partition and separate possession of the properties. A preliminary decree was passed on 31.8.1976. Final decree was passed on 16.12.1986.
(c) One Marie Joseph Vincent ... separate possession of the properties and obtained a preliminary decree on 31.8.1976 and a final decree was granted on 16.12.1976.
(ii) One Marie Joseph Vincent
