Jennifer Messias v. Leonard G Lobo

Held: High Court proceeded by the nomenclature of the Decree without appreciating that, in certain circumstances, an Order made u/ss.2 to 4 of the Partition Act is also a deemed Decree within the meaning of s.2(2), CPC – Orders impugned do not refer to the clauses in the Decree – The conclusion reached by the High Court is that, before putting the same to Execution, a Final Decree was necessary – The Decree, for all purposes, determined the entitlement or right to possession, mesne profits, and the first option regarding the mode and manner of working out the shares, in the event of default in the sale of the Subject Flat – The direction to file a fresh application after the passing of a Final Decree is completely unwanted – In the facts and circumstances of this case, the Decree should be construed as indicated – Termination of Execution Proceedings was an illegal exercise of jurisdiction, set aside – Execution Case restored – Partition Act – ss.2, 4. [Paras 16, 17] Preliminary Decree; Final Decree – Object, purpose and scope, discussed. [Para 13] Case Law Cited