ORDER :

Shircy V, J.

The short question which arises for consideration in this petition, is whether a preliminary decree can be executed without a final decree in a partition suit.

2. The brief facts of the case for determining the question which arise for consideration in this petition in nutshell are as under :-

The respondent Nos.1 to 6/plaintiffs have filed a suit for partition of the suit property against the appellant/the first defendant and the second defendant before the Sub Court, Ernakulam. Partition was sought for a property and a building situated therein. After contest the suit was decreed and a preliminary decree for partition was passed directing to divide the plaint schedule property and the building into 18 equal shares and the plaintiffs were declared as entitled to 16 shares jointly. Challenging the said judgment and decree RFA No.304 of 2009 was filed by the 1st defendant in the appeal the matter was referred for mediation and after several rounds of mediation talk, the parties have settled their dispute. Thus the appeal was disposed of accepting the report of the mediator and a judgment and decree was passed in terms of the settlement of agreement. Thereafter, a fi