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Selvamony Nadar(Died) ... 7Th vs Thaveethu Nadar on 16 June, 2021 cites

Muhammad Suleman Khan vs Muhammad Yar Khan And Ors. on 7 August, 1894

“5.....we may state certain well settled propositions with respect to preliminary and final decrees in mortgage suits and the effect of an appellate decree in general on the decree of the trial Court. Generally speaking, the decree of the appellate Court supersedes the decree of the trial Court even when it confirms that decree and, therefore, it is well settled that only the appellate Court can amend the decree thereafter: [see Muhammad Sulaiman Khan v. Muhammad Yar Khan] It is equally well settled that where an appeal has been taken from a preliminary mortgage decree and is decided, the time for preparation of final decree is three years from the date of appellate decree even though the appellate Court may not have extended the time for payment provided in the preliminary decree, where no final decree has been prepared in between:[See Jowad Hussain V. Gendan Singh] This applies even to a case where the decree of the appellate Court is made more than three years after the time fixed for payment in the preliminary decree: [See Fitzholmes v. Bank of Upper India].
Allahabad High Court Cites 5 - Cited by 69 - Full Document

Saiyid Jowad Hussain vs Gendan Singh on 15 June, 1926

“5.....we may state certain well settled propositions with respect to preliminary and final decrees in mortgage suits and the effect of an appellate decree in general on the decree of the trial Court. Generally speaking, the decree of the appellate Court supersedes the decree of the trial Court even when it confirms that decree and, therefore, it is well settled that only the appellate Court can amend the decree thereafter: [see Muhammad Sulaiman Khan v. Muhammad Yar Khan] It is equally well settled that where an appeal has been taken from a preliminary mortgage decree and is decided, the time for preparation of final decree is three years from the date of appellate decree even though the appellate Court may not have extended the time for payment provided in the preliminary decree, where no final decree has been prepared in between:[See Jowad Hussain V. Gendan Singh] This applies even to a case where the decree of the appellate Court is made more than three years after the time fixed for payment in the preliminary decree: [See Fitzholmes v. Bank of Upper India].
Bombay High Court Cites 4 - Cited by 78 - Full Document

Fitzholmes vs The Bank Of Upper India on 9 November, 1926

“5.....we may state certain well settled propositions with respect to preliminary and final decrees in mortgage suits and the effect of an appellate decree in general on the decree of the trial Court. Generally speaking, the decree of the appellate Court supersedes the decree of the trial Court even when it confirms that decree and, therefore, it is well settled that only the appellate Court can amend the decree thereafter: [see Muhammad Sulaiman Khan v. Muhammad Yar Khan] It is equally well settled that where an appeal has been taken from a preliminary mortgage decree and is decided, the time for preparation of final decree is three years from the date of appellate decree even though the appellate Court may not have extended the time for payment provided in the preliminary decree, where no final decree has been prepared in between:[See Jowad Hussain V. Gendan Singh] This applies even to a case where the decree of the appellate Court is made more than three years after the time fixed for payment in the preliminary decree: [See Fitzholmes v. Bank of Upper India].
Bombay High Court Cites 3 - Cited by 15 - Full Document

Sat Parkash And Anr. vs Bahal Rai And Anr. on 16 July, 1930

Further it is well settled that the mere fact that there is an appeal from a preliminary decree does not oust the jurisdiction of the trial Court to prepare a final decree even while the appeal is pending unless there is a stay order: [see Sat Prakash v. Bahal Rai]. Even if a final decree has been passed an appeal from a preliminary decree is not incompetent and it is not necessary for a party to appeal both from the preliminary decree and the final decree in order to maintain his appeal against the preliminary decree.
Allahabad High Court Cites 5 - Cited by 12 - Full Document

R. Vijayakumar vs Official Liquidator High Court Madras ... on 24 April, 2014

Reliance was placed on the Division Bench Judgment reported in 2011 (3) MWN (Civil) 590 (R.Vijayakumar Vs. The Official Liquidator, High Court, Madras as the Provisional Liquidator of RBF https://www.mhc.tn.gov.in/judis/ 7/17 S.A.No.57 of 2003 Nidhi Limited). The other major contention advanced by the learned Senior Counsel is that the first defendant who was shown as the first respondent in the final decree application had passed away during the pendency of the final decree proceedings. His legal representatives were not brought on record, though attempts were made. In view of non-bringing on record of the legal heirs of the first respondent, the final decree proceedings should be considered as having been abated against D1. In view of the character of the decree, abatement against the first respondent / first defendant would result in abatement against all the defendants/respondents in the final decree proceedings.
Supreme Court - Daily Orders Cites 0 - Cited by 2 - Full Document
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