Execution of Partition Decree -- Direction to File Fresh Application After Final Decree -- Termination of execution proceedings held illegal, execution restored
(i) Civil Procedure Code, 1908, S.2(2), Partition Act, 1893, Ss.2 to 4 -- Nature of Order Under Partition Act -- An order made under Sections 2 to 4 of the Partition Act is a deemed decree within the meaning of Section 2(2) CPC. (ii) Civil Procedure Code, 1908, O.20 R.18 -- Execution of Partition Decree -- Termination of Execution Proceedings Pending Final Decree -- Where a decree for all purposes has determined the entitlement or right to possession, mesne profits, and the first option regarding the mode and manner of working out shares in the event of default in sale of the subject matter, a direction to file a fresh application after passing of a final decree is unwarranted. Termination of execution proceedings on such ground amounts to an illegal exercise of jurisdiction.
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