Supreme Court · 2026 INSC 502 · Decided 18 May 2026

Jennifer Messias v. Leonard G Lobo

Court
Supreme Court of India
Citation
2026 INSC 502 · [2026] 6 S.C.R. 410
Case number
CIVIL APPEAL No. 7980/2026
Decided
18 May 2026
Bench
K.V. VISWANATHAN, SARASA VENKATANARAYANA BHATTI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 2(2)

Headnote

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 Decree was necessary. 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 Court

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