Supreme Court · 2006 INSC 993 · Decided 12 December 2006
Hasham Abbas Sayyad v. Usman Abbas Sayyad and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 993 · [2006] SUPP. 10 S.C.R. 740
- Case number
- CIVIL APPEAL No. 5721/2006
- Decided
- 12 December 2006
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 2, 54, 20
Headnote
Code of Civil Procedure, 1908-ss. 2, 54, 20 r.18 0. 21 r. 13, 14, 0. 26 rr. 13, 14-Court cannot put the property on auction sale without drawing C final decree proceedings-After passing a preliminary decree for partition, steps in execution not to be taken like appointment of local commissioner decree-Preliminary decree only declares rights of parties-For execution there must be a final decree which must be on stamp paper. D Appellant and respondent nos. 1 and 2 are brothers. Respondent No.I filed partition suit. Preliminary decree was passed on 16.3.1999. A special petition was
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