light of preliminary decree
drawn in O.S.No.78/1986.
iv) The FDP Court is directed to pass one more
preliminary decree subject ... development,
learned Judge is granted further six months
time to pass additional preliminary decree
and thereafter proceed to effect partition by
metes and bounds
preliminary decree, proceedings for a final decree
was initiated by respondent No.1 in FDP No.9/2018. In the final
decree, the respondent ... under Section 151 of Civil procedure Code to pass
an additional preliminary decree for partition of the properties
mentioned in the application and declare that
Final Decree Court is vested with the
jurisdiction to pass additional preliminary decree.
Therefore, the present application is filed to recall the
earlier order ... amendment application, the question of further
adjudication and passing additional preliminary decree
does not arise for consideration in the present set of
facts. This Court
such, the judgment and decree passed has
become final. After institution of the final decree proceedings,
Court Commissioner was appointed to submit a proposal ... Court
Commissioner was appointed to divide the same as per the
additional preliminary decree, which was drawn as per the order
dated 04.01.2020. After receiving
READ
WITH SECTION 151 OF CPC TO DRAW AN ADDITIONAL / FURTHER
PRELIMINARY DECREE BY INCLUDING THE APPLICATION SCHEDULE
PROPERTY AND TO CARVE OUT TOTAL
preliminary decree passed in aforesaid suit in
O.S.No.114/2004 and for delivering the same. It
appears commissioner filed his preliminary report ... feasibility to
effect division of the residential house as per
preliminary decree. Accordingly additional report
dated 23.01.2020 was filed. Even in the said
report commissioner
payments
per preliminary decree as they were inducted in to
ll:
s
WP No.67267.09
the firm after the preliminary decree. Therefore, the
Court ... partners"-o'f.the' firm after the
preliminary decree. as additional
defendants proceedings. The
plaintiffs' direiction to the respondents
Whether palintiif is entitled to declaration prayed for?
(4) To what decree?
Additional Issue
Whether this Court has no pecuniary jurisdiction to entertain this suit ... holding that plaintiff is entitled to decree sought for. The Additional lissue was heard by way of a preliminary issue and was answered in favour
appeal against the preliminary decree, they could themselves seek and execute a final decree based on the preliminary decree under appeal. This seems ... against a preliminary decree for a claim disallowed in the preliminary decree can, pending such appeal, seek and disallowed in the preliminary decree can, pending
preliminary decree passed declaring that opponent Nos. 1 to 4 are entitled to 5/9th share in the suit properties. The Decree-Holders - opponents ... filed execution case for passing a final decree. The final decree was passed by the Additional Civil Judge, Belgaum allotting the portion marked
