SHANKAR BALWANT LOKHANDE versus CHANDRAKANT SHANKER LOKHANDE

SHANKAR BALWANT LOKHANDE versus CHANDRAKANT SHANKER LOKHANDE

Limitation begins to run for executing a decree only after final decree is drawn up and engrossed on stamped papers supplied by parties; merely issuing a direction by the court to supply stamped papers does not constitute a final decree. There is no executable decree until both acts—drawing up and engrossing the decree on stamped papers—are completed.

Parties
Appellant: Shankar Balwant Lokhande; Respondent: Chandrakant Shanker Lokhande
Jurisdiction
India
Judgment Date
20 March 1995
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Dismissal in Limine; Decision of Trial Court, Single Judge, Division Bench and Further Appeal to Supreme Court
Outcome
Appeals allowed
Legal Topics
Partition, Limitation, Execution of Decree
Civil Procedure Partition Limitation Execution of Decree

Case Brief

Summary, issues, holding and outcome

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Parties

Shankar Balwant Lokhande

Appellant

Chandrakant Shanker Lokhande

Respondent

Procedural Posture

Civil Appeal / Appeal From Bombay High Court Dismissal in Limine; Decision of Trial Court, Single Judge, Division Bench and Further Appeal to Supreme Court

Legal Issues

  1. 1 When does limitation begin for filing an application to pass a final decree on stamped papers?
  2. 2 Whether the executing Court can receive a preliminary decree before the final decree is made?
  3. 3 When does a decree become executable?

Ratio Decidendi

Limitation begins to run for executing a decree only after final decree is drawn up and engrossed on stamped papers supplied by parties; merely issuing a direction by the court to supply stamped papers does not constitute a final decree. There is no executable decree until both acts—drawing up and engrossing the decree on stamped papers—are completed.

Court Disposition

Appeals allowed

Orders

  • Judgments and orders of the High Court are set aside.
  • Trial court order stands confirmed.