SITAL PARSHAD vs KISHORILAL

The Supreme Court held that when a preliminary decree is reversed on appeal, the corresponding final decree must also be set aside, as it lacks support from a valid preliminary decree. The Court clarified that the executing court is obligated to recognize the reversal of the preliminary decree, allowing the defendant to object to execution even after three years from the appeal judgment. Conversely, if the preliminary decree is confirmed, the final decree remains valid and can be executed without needing a fresh application for a final decree.