SH.MULKRAJ versus SH. SUNDER DAS AND ORS.

SH.MULKRAJ versus SH. SUNDER DAS AND ORS.

Once a final partition decree is accepted and rights worked out, any other proceedings concerning lands covered by the final decree are closed; parties must enforce rights under the final decree only.

Parties
Appellant: Sh. Mulkraj; Respondent: Sh. Sunder Das; Respondent: Rajinder Sachher; Respondent: R.C. Pathak; Respondent: Smt. Vimla Devi
Jurisdiction
India
Judgment Date
11 January 1996
Procedural Posture
Civil Appeal / Final Disposition
Outcome
Appeal disposed of as infructuous.
Legal Topics
Mandatory Injunction, Partition, Execution of Decrees
Civil Procedure Mandatory Injunction Partition Execution of Decrees

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Parties

Sh. Mulkraj

Appellant

Sh. Sunder Das

Respondent

Rajinder Sachher

Respondent

R.C. Pathak

Respondent

Smt. Vimla Devi

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Enforcement of mandatory injunction under Order 21 Rule 32(2) of CPC
  2. 2 Effect of final partition decree on pending proceedings

Ratio Decidendi

Once a final partition decree is accepted and rights worked out, any other proceedings concerning lands covered by the final decree are closed; parties must enforce rights under the final decree only.

Court Disposition

Appeal disposed of as infructuous.

Orders

  • All proceedings in respect of lands covered by the final decree stand closed.
  • Parties to enforce their rights under the final decree only.