Jennifer Messias vs Leonard G Lobo - 2026 Supreme(SC) 547

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(SC) 547

K. V. VISWANATHAN, S. V. N. BHATTI
Jennifer Messias – Appellant
Versus
Leonard G Lobo – Respondent

Advocates appeared:
For the Petitioner(s) Mr. Abhishek Gulatee, AOR (through VC) Mr. Naveen Chaturvedi, Adv.
For the Respondent(s): Mr. Siddharth R.Gupta, Adv. Mr. Mrigank Prabhakar, AOR Mr. Pramod Thakre, Adv. Mr. Rahul Rawat, Adv. Mr. Shantanu Sharma, Adv. Ms. Surbhi Saxena, Adv. Mr. Uddaish Palya, Adv. Ms. Astha Singh, Adv. Mr. Aman Agarwal, Adv.

Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the status of the Decree dated 13.04.2012 – whether it is a Preliminary Decree or a Final Decree in itself?

What are the proper procedures for partition and final decree under Order XX Rule 18 CPC in a partition suit when a Commissioner reports inability to partition by metes and bounds?

How should execution of a partition decree proceed when a preliminary decree has been issued but a final decree is still required, and what remedies are available to the decree holder?

JUDGMENT

S.V.N. BHATTI, J.

1. Leave granted.

2. The Civil Appeals arise from Orders dated 27.07.2023 in Miscellaneous Petition No. 2005 of 2022 and 20.03.2025 in the Review Petition No. 947 of 2023, in the High Court of Madhya Pradesh at Jabalpur. The impugned Orders, in effect, have set aside the Execution Proceedings pending before the IInd Additional Judge, Jabalpur, in Civil Suit No. 7A/2011. The outcome of the adjudication appears simple, but the Civil Appeals exemplify the Comedy of Errors¹[An event or series of events made ridiculous by the number of errors that were made throughout. (Merriam Webster Dictionary)]. The polemic, which is the subject of the final adjudication, is whether the Decree dated 13.04.2012 is a Preliminary or a Final Decree in itself, and whether the same could be put to Execution. The narrative sounds interesting to the fraternity. Still, the ordeal the Appellant is undergoing reminds us of the oft-quoted expression that “the difficulties of a litigant in India begin when he has obtained a decree”.

3. Jennifer/Appellant and Peter Messias were married in 1980. In 1991, the couple purchased Flat No. 101, Amba Apartment, Civil Line, Jabalpur, also referred t

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2026 Supreme(SC) 547

K. V. VISWANATHAN, S. V. N. BHATTIJennifer Messias – AppellantVersusLeonard G Lobo – Respondent

What is the status of the Decree dated 13.04.2012 – whether it is a Preliminary Decree or a Final Decree in itself?

What are the proper procedures for partition and final decree under Order XX Rule 18 CPC in a partition suit when a Commissioner reports inability to partition by metes and bounds?

How should execution of a partition decree proceed when a preliminary decree has been issued but a final decree is still required, and what remedies are available to the decree holder?

Cases Referred (3)

K. V. VISWANATHAN, S. V. N. BHATTI
Jennifer Messias – Appellant
Versus
Leonard G Lobo – Respondent