final decree in which the first final decree was
passed on June 15, 2015 (for short, the first final decree). The appellant
then filed ... none of the said two
partition decree, namely, the impugned final decree for partition or the
appellate decree had crystallized any right in favour
converting the mortgage decree into money decree it could have been clarified by it instead of passing final decree and directed to issue certificate ... There- fore, when the very existence of the second decree i.e. final decree passed by the Tribunal dated 20th February, 1997 is under challenge
After passing of preliminary decree, a final decree
will be passed by following certain procedure. The parties to the final decree
proceedings are therefore estopped ... final decree and to deprive the Plaintiff to enjoy the fruits
of the final decree.
31. Even though the Appellant filed the Second Appeal
final decree is passed, so that the result of the enquiry may be incorporated in the final decree. If, however, the final decree is passed ... being incorporated in the final decree itself, there can be no second final decree incorporating the result.
7. In the present case what has happened
open to the parties to ask for more than one final decree depending upon the exigencies and other factors of the case. In fact ... profits) can it be said that there can be a second final decree only in respect of the remaining items of immoveable properties
suit, were appointed as joint receivers. Following this compromise, a preliminary decree was passed by the court on 5th October, 1948. It decreed that ... belonging to the family with effect from 1st January, 1952. The second final decree, dated 15th April, 1953, effected a division of the cardamom estate
final decree was filed on 28-10-1961.
4. The real contest in the final decree proceedings arises this way. Pending the second appeal ... final decree, in the circumstances, seeking to have the final decree passed in the presence of not only of those heirs of the second defendant
final decree, however, continued, and, it appears that on account of the various objections filed by the judgment-debtors, the preparation of the final decree ... against the preliminary decree. It was against the final decree. Obviously no appeal against the preliminary decree declaring the rights of the parties
final decree is passed, so that the result of the
enquiry may be incorporated in the final decree. If, however,
the final decree is passed ... being
incorporated in the final decree itself, there can be no second
final decree incorporating the result.
In Bhagwati Prasad v. Shri Chandramauli17 the Supreme
final decree is passed, so that the result of the
enquiry may be incorporated in the final decree. If, however,
the final decree is passed ... being
incorporated in the final decree itself, there can be no second
final decree incorporating the result.
In Bhagwati Prasad v. Shri Chandramauli17 the Supreme
