Is an execution petition maintainable to execute a mortgage decree based solely on a preliminary decree, without obtaining a final decree?
Thus, the Common High Court clearly held that Execution Petition is not maintainable to execute a mortgage Decree on the basis of a preliminary Decree that was passed without obtaining a final decree. Therefore, in view of the law enunciated in the above judgment, the impugned order of the executing Court dismissing the E.P as not maintainable without obtaining a final Decree is perfectly sustainable under law and it calls for no interference in this revision.
Vishnu kanth
12/15/20241 min read