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december 2006

Supreme Court of India · 2006-12-12

HASHAM ABBAS SAYYAD vs USMAN ABBAS SAYYAD .

Citation / case number
SC 2006/22297
Court
Supreme Court of India
Petitioner
HASHAM ABBAS SAYYAD
Respondent
USMAN ABBAS SAYYAD .
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the issue of whether property could be auctioned without a formal final decree proceeding under the Code of Civil Procedure, 1908. The Court clarified that a decree, as defined in Section 2(2), can be preliminary or final, and emphasized that a final decree is necessary for the complete disposal of a partition suit. The Court upheld the Trial Court's decision that the auction sale could proceed without a formal final decree, affirming the lower court's orders regarding the auction process and the appellant's objections.

HASHAM ABBAS SAYYAD vs USMAN ABBAS SAYYAD . · Niyam