VidhiSangh

Supreme Court of India · 18/05/2026

JENNIFER MESSIAS versus LEONARD G LOBO

[2026] 6 S.C.R. 410 · 2026 INSC 502

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Summary

The High Court erred in ending the execution proceedings simply because the 13.04.2012 decree was called a preliminary decree. Read as a whole, the decree settled the shares, possession, mesne profits and the course to follow if partition by metes and bounds failed. The Commissioner reported the flat could not be divided, so the trial court rightly moved to sale. The execution case was restored, with directions for auction and apportionment within two months.

Issues

  1. Whether the decree dated 13.04.2012 in the partition suit was only a preliminary decree, or both preliminary and final, so that it could be executed.
  2. Whether the High Court was right to set aside the execution proceedings and require the decree-holder to apply for a final decree.

Provisions considered

Held

Result

Appeals allowed and the High Court's orders set aside. The execution case was restored. The trial court must have the same or another Advocate Commissioner auction the flat, with the parties free to bid, and apportion the proceeds after accounting for mesne profits and paying the balance to the respondent. Proceedings are to be completed within two months. No order as to costs.

Judgment PDF: Supreme Court of India, [2026] 6 S.C.R. 410.