Supreme Court of India
Jennifer Messias v. Leonard G Lobo
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that once a preliminary decree is passed by the trial court, the court should proceed with the case for drawing up the final decree suo motu.
Judgment, page 13
From the headnote
Issue for Consideration Whether the Decree in question is a simple Preliminary Decree, or whether the Trial Court, made it both a Preliminary and a Final Decree; whether the same could be put to Execution; whether the High Court erred in interdicting the Execution Proceedings holding that before putting the Decree to Execution, a Final Decree was necessary. Headnotes† Code of Civil Procedure, 1908 – s.2(2), Or.XX r.18, Or.XX r.12 – Preliminary decree when itself final decree – Appellant filed Suit for partition and separate possession of the Subject Flat – Preliminary Decree passed by Trial
Authorities it was built on
- 2006 Hasham Abbas Sayyad v. Usman Abbas Sayyad and Ors.
- 2001 Hameed Joharan (d) and Ors. v. Abdul Salam (d) by Lrs. and Ors.
- 1965 Bhaurao Shankar Lokhande & Anr. v. State of Maharashtra & Anr.
- 1995 Shankar Balwant Lokhande v. Chandrakant Shanker Lokhande
- 2022 Kattukandi Edathil Krishnan & Anr. v. Kattukandi Edathil Valsan & Ors.
- 2012 Bimal Kumar & Another v. Shakuntala Debi & Others
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