with pendente-lite and future interest as also for a preliminary decree as
regard mortgaged property admeasuring 95.20 acres. In the said suit, the
sisters ... purporting to be relying on or on the basis of a preliminary
decree passed in a partition suit dated 19.7.1979 filed by the respondent
decree as also the final decree and with it the auction sale
in favour of the plaintiff. The High Court passed a fresh
preliminary decree ... preliminary decree, it was certainly competent for them
to challenge that decree in appeal. But they did not file
an appeal against the preliminary decree
Procedure, 1908
97. Appeal from final decree where no appeal from preliminary, decree .-
Where any party aggrieved by a preliminary decree passed after the commencement
preliminary decree followed by a final
decree, or there can be a decree which is a combination of preliminary
decree and final decree or there ... decree and a final decree.
The `pause' is to enable the defendant to voluntarily comply with the
decree or declaration contained in the preliminary
preliminary decree, the suit continues until
the final decree is passed. If in the interregnum i.e. after passing of
the preliminary decree and before ... final decree. It hardly needs an emphasis that a final
decree is always required to be in conformity with the
preliminary decree. If any party
there cannot be two preliminary
decrees and therefore when the trial court varied the shares
as indicated in the preliminary decree of August ... also preliminary and final decrees are passed. There
is no prohibition in the Code of Civil Procedure against
passing a second preliminary decree in such
being Execution No. 421 of 1950-51.
7. A preliminary decree was passed by the Trial Court declaring 2/9th
share of the plaintiff ... initiated and several
orders were passed thereupon. As noticed hereinbefore, the preliminary
decree was amended declaring 1/4th share of the plaintiff and the defendant
final
decree, and not a preliminary decree, unless and until final decree is a part of
the preliminary decree.
Order XXI of the Code ... decree will, therefore, not affect its character as a final
decree. The final decree merely carries into fulfilment the
preliminary decree."
Taking note
heirs also to Bala Mallaiah.
It was found in the preliminary decree for partition dated 24.11.1970 that
defendant No.1, Hamid Ali Khan, was having ... 104th share in matruka properties.
4. Aggrieved by the preliminary decree for partition determining the
shares to the aforesaid extent, the plaintiff and legal heirs
order to discourage decree-holders from
making delays in taking possession. If a decree-holder be
not diligent in executing the decree, he would have ... decree-holde respondent that the trial
Court, when passing the final decree, could not have ignored
what had been decreed under the preliminary decree
