cannot receive the preliminary decree
unless final decree is passed as envisaged under Order 20,
Rule 18(2). After final decree is passed ... together constitute final
decree, crystallizing the rights of the parties in terms of the
preliminary decree. Till then, there is no executable decree
as envisaged
Appellant that the decree is not executable since the final decree has not
been drawn up on the stamp paper, this Court finds that ... this Court is satisfied that with the filing of
the stamp papers, the final decree is now executable.
8. At this stage, when the order
Compromise Decree dated 02.01.2021. It is submitted that
immediately upon the Final Decree dated 02.01.2021 being
engrossed on the fresh / new stamp paper ... fresh / new Final Decree as per the Compromise Decree
dated 02.01.2021.
(iv) Immediately upon the petitioners furnishing a
fresh stamp paper, the trial Court
instrument
of partition under Section 2 (15) of
the Stamp Act and therefore Final
Decree is to be stamped in
accordance with Article ... part and parcel
of the final decree.
9. Final Decree sheet be prepared after filing of non
judicial stamp paper. The application of the plaintiff
states as follows:
"187. Final decree in partition suits -
Final decrees in partition suits shall be
prepared and stamp duty levied in accordance
with ... stamp duty leviable shall be
according to the Stamp Act in force at
the time of the passing of the final
decree.
3) The Court
Respondent have agreed to
furnish the Non-judicial stamp papers for engrossing the
final decree to the Registry.
It is therefore prayed that this ... direct the registry to furnish the
required Non-judicial stamp papes for engrossing the final
decree as per the joint memo of compromise filed before
shall be final decree in terms of the
compromise petition.
8. The parties to the compromise petition are directed
to pay the stamp duty ... their respective shares to
draw the final decree proceedings.
9. Draw final decree after furnishing stamp duty.
10. RFA CROB No.200002/2022 is dismissed
shall be final decree in terms of the
compromise petition.
8. The parties to the compromise petition are directed
to pay the stamp duty ... their respective shares to
draw the final decree proceedings.
9. Draw final decree after furnishing stamp duty.
10. RFA CROB No.200002/2022 is dismissed
granted to the parties to deposit the non judicial
stamps for engrossing a final decree. Only on supply of non judicial
stamps, within a period
petitioner to engrave the final decree in favour of the petitioner as per the
terms of the final decree.
3. It is submitted ... decree has already been passed. Subsequently,
final decree has also been passed on 04.04.2019. Consequently, the
petitioner/fourth defendant has deposited non-judicial stamp duty