Back
2014 Supreme(Pat) 841
IN THE HIGH COURT OF JUDICATURE AT PATNA
MUNGESHWAR SAHOO, J.
(17.9.2014)
First Appeal No. 206 of 1989
Against the judgment and final decree dated 2.1.1984 passed by 2nd Subordinate Judge, Nalanda at Biharsharif in Title Suit No. 113 of 1977/36 of 1982.
Umesh Singh & Ors. : Appellants
Vs.
Smt. Jaiwanti Devi & Ors. : Respondents
For the Appellants : M/s T.N. Maitin, Vishwanath Chaudhary.
For the Respondents: M/s Devendra Pd. Singh, Sudhir Ranjan.
Headnote:Property Law–Title Suit–When preliminary judgment and decree has been set aside, final decree cannot be allowed to be stand–Judgment and final decree impugned set aside–Appeal allowed. (Para 3)
2. It may be mentioned here that the first appeal arising out of judgment and preliminary decree, i.e. First Appeal No.496 of 1982 was heard along with this first appeal one after another. The judgment of the aforesaid first appeal arising out of the judgment and preliminary decree is being delivered simultaneously today.
3. The First Appeal No.496 of 1982 has been allowed and the judgment and preliminary decree has been set aside. So far the final decree is concerned, the same is based on preliminary decree. In other words, the final decree is in conformity with the preliminary decree. Now, therefore, when the preliminary judgment and decree has been set aside, the final decree cannot be allowed to be stand. Therefore, this first appeal is also allowed. The judgment and final decree impugned is thus set aside.
4. In the facts and circumstances of the case, there shall be no order as to cost.
?
