Hasham Abbas Sayyad vs Usman Abbas Sayyad & Ors

The Supreme Court held that a property subject to a partition suit cannot be put on auction sale without a formal final decree proceeding, as per Section 2(2) and Section 54 of the Code of Civil Procedure, 1908. The Court clarified that a preliminary decree does not allow for immediate auction of the property, and the rights of the parties must be conclusively determined before such action. The appeal was dismissed, affirming the High Court's decision that the auction sale was premature.