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Sri P.Venkateshulu Naidu vs Sri P.Sundar Raj on 10 February, 2020 cites

Hasham Abbas Sayyad vs Usman Abbas Sayyad & Ors on 12 December, 2006

35. Here the counsel for the defendants relied on the proceedings held in FDP No.31/81 which was filed on the Preliminary Decree passed in O.S.No.201/1980. But here no doubt in the said FDP, deceased Plaintiff No.1-Sri P.Venkateshulu Naidu and Late Sri G.P.Hari @ P.Hari filed affidavit with regard to compromise and then the case was disposed of. So the Preliminary Decree was passed, 75 O.S.No.1442/2009 but that has not been effected by way of Final Decree Proceedings. Therefore at the end of said Final Decree Proceedings and also at the end of Ex.P.No.1571/93, which closed due to absence of Decree Holder. Therefore the Preliminary Decree passed as per the compromise held in R.S.A.No.291/74 was not come into effect by passing the Final Decree Proceedings. Therefore counsel for the Plaintiffs relied on the reported decision in AIR 2007 SUPREME COURT 1011 in the case between Hasham Abbas Sayyad V. Usman Abbas Sayyad and Ors. wherein the Hon'ble Supreme Court of India commented on Sec 2(2), S.54, Order 20 R.18-suit for partition-Preliminary Decree-Auction sale of suit property-Not permissible without initiating formal Final Decree Proceedings. Further commented that the Preliminary Decree declares the rights and liabilities of the parties. A decree may be partly preliminary and partly final. A Final Decree Proceeding may be initiated at any point of time. There is no limitation. However, what can be 76 O.S.No.1442/2009 executed is a Final Decree, and not a Preliminary Decree, unless and until Final Decree is a part of the Preliminary Decree. So here also admittedly there is a Preliminary Decree in the hands of deceased defendant No.1-Sri P.Sundar Raj as per the Preliminary Decree passed in R.S.A.No.291/1974. But in FDP No.31/81, the affidavit filed by deceased Plaintiff No.1-Sri P.Venkateshulu Naidu and Late Sri G.P.Hari @ P.Hari who are the sons of Late G.N.Padmanabha Naidu has not been produced in this case. Therefore unless there is a Final Decree, the Preliminary Decree cannot be executed .
Supreme Court of India Cites 20 - Cited by 214 - S B Sinha - Full Document
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