Kattukandi Edathil Krishnan v. Kattukandi Edathil Valsan (delivered by the Hon’ble Apex Court on 13th June, 2022)
The Hon’ble Apex Court has held that once a preliminary decree is passed (in partition suit) by the Trial Court, the Court should proceed with the case for drawing up the final decree suo motu. After passing the preliminary decree, the Trial Court has to list the matter for taking steps under Order XX Rule 18 of the Civil Procedure Code. The Courts should not adjourn the matter sine die. There is also no need to file a separate final decree proceedings. In the same suit, the Trial Court should allow the concerned party to file an appropriate application for drawing up the final decree. Needless to state that,
the suit comes to an end only when a final decree is drawn.
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