Defendants 2 to 10 and additional 15th defendant are the
appellants. The appeal is directed against the order dated
29.8.2011 in I.A.No.3992 ... court below dismissed the
said I.A filed for passing additional preliminary decree in the suit.
Hence the appeal.
2. When the matter was taken
share in the residential house is set aside and a preliminary decree for
partition of the residential house is passed declaring the appellants /
plaintiffs ... immediately returned to the Court of
Additional District Judge, Central-14, Delhi for undertaking proceedings
pursuant to preliminary decree for partition of residential house
decree dated 10.09.2009 made in A.S.No.32 of 1995 passed by the learned Additional Sub-Judge, Tindivanam thereby reversing the judgment and decree ... decree dated 10.09.2009 allowed the appeal, set aside the decree of the trial court dismissing the suit and granted a preliminary decree for partition holding
occupied by the
tenants.
5. The trial court, accordingly, passed a preliminary decree on
11.3.2003 in favour of Plaintiffs/respondent ... Rani Bhardwaj & Ors. The learned Additional District
Judge upheld the judgment and the preliminary decree passed by the trial
court holding that the plaintiffs
Additional District Court, Madurai reversing the Judgment and decree
dated 10.03.2008 passed in Original Suit No.134 of 2004 by the First Additional
Sub Court ... file of the First Additional Sub Court, Madurai praying to
pass a preliminary decree of their 2/3 share by way of partition, wherein
terms of a preliminary decree passed in
O.S.No.908/2004 dated 01.04.2009 by the learned I
Additional Civil Judge (Sr.Dn.), Bangalore Rural ... submitted that the petitioners
have not initiated final decree proceedings in pursuance
of the said preliminary decree.
5. First respondent has filed
total
extent of property claimed was 1.81 acres whereas the
preliminary decree took within its fold only 1.63 acres. The
Commissioner effected partition and when ... sent to the Court of Second Additional
Sub-Judge of Alleppey in 1957, and the preliminary
decree was passed on 5th August, 1960. The High
appeal impugns the judgment and preliminary decree dated 6 th
March, 2010 of partition (of the Court of Additional District Judge- 02
(North) Delhi ... were in
possession of the property erred in still passing the preliminary decree
RFA 450/2010 Page 14
for partition;
(i) that since the respondents
also the observation
that the said final decree and the partition deed effected pursuant to its
preliminary decree are non est and are only ... third respondent herein pursuant to the
preliminary decree in O.S.No.5641 of 2009 and final decree in
FDP.142/2010. These contentions therefore
mentioned that this
judgment produced as additional evidence is only a preliminary decree.
26. In the case of Gajara Vishnu Gusavi vs. Prakash Nanasahed
Kumble
