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N.S.S.Narayana Sarma & Ors vs M/S.Goldstone Exports P. Ltd. & Ors on 23 November, 2001

9. The decisions as referred above indicate as to what are the powers of a Court during the final decree proceedings whether the order of the final decree is in terms of the preliminary decree or it can go beyond preliminary decree and make an enquiry respect of the third parties etc. The decisions are very clear that in order to adjudicate the third party claim, the third party must move the Court during the pendency of the suit for preliminary decree or cause obstruction for delivery of the property and file an Application under Order 21 Rule 97 regarding the declaration of title or file a separate suit for declaration that the decree in the partition suit is not binding on him and his property is excludable from the plaint schedule property.
Supreme Court of India Cites 5 - Cited by 71 - D P Mohapatra - Full Document
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