settlement in this case, would be,
therefore, of academic interest. The final position would be identical.
To this extent, therefore ... share of the parties
cannot be determined and decided. Secondly, the final decree passed
by the single Judge directing sale of the second floor
considered at
any stage till the passing of the final decree. Till
the final decree as stated above is passed in a
partition suit ... second preliminary decree particularly in
partition suits where shares specified in
the preliminary decree have to be adjusted
so long as a final decree
parties
which gives the court the jurisdiction to pass a decree for
divorce under Section 13-B. So in cases under Section 13-B,
mutual ... must subsist till the second stage
when the petition comes up for orders and a decree of divorce is finally
passed.
29. Similarly
same was preliminary decree as no final decree was passed, the application for execution was premature as the preliminary decree is not executable ... only decision which can be said to be a final decision is the final decree proceedings were still going on when the Amending Act came
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which dismissal in default became final vide order dated
2.2.1999 i.e. more than 11 years back, the position which ... preliminary decree for partition declaring the shares as aforesaid of the
parties and also a final decree for partition by metes and bounds
Order 9 rule 13, Code of Civil
Procedure ( CPC ) the ex parte decree in favour of the plaintiffs, in their injunction suit 963/1986 ... that soon after the decree, they started construction in the
second week of April, 1993, as the decree had achieved finality. Then
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which dismissal in default became final vide order dated
2.2.1999 i.e. more than 11 years back, the position which ... preliminary decree for partition declaring the shares as aforesaid of the
parties and also a final decree for partition by metes and bounds
finally a decree for
possession was granted in favour of the plaintiff. An execution petition was
filed for execution of the decree which was finally ... handed over to the legal representative of the
plaintiff. The decree became final in 1960 and the right of Mr. Ram Chandra
- plaintiff- to take
former suit between the same parties of their
privies, decided and became final, so that
parties are not vexed twice over, vexatious
litigation would ... were merely
pujaris. The judgment attained finality n
7-5-1948 when in the second appeal the decree
was confirmed. Thus
which will be done after final decree of divorce of
second motion. First Party undertakes to ensure that all cases mentioned in
the table below ... parents against Second Party or and her family
members shall be withdrawn within 10 days from the finalization of Gift
Deed between Parties as stated
