https://www.taxtmi.com/caselaws?id=172398 In a partition suit, a preliminary decree merely declares the parties' shares and is not executable by itself; any sale of the suit property must follow final decree proceedings, and an auction ordered without such a decree was impermissible. The Court also held that, despite the jurisdictional defect, relief could be moulded under Article 142 to protect the co-sharers and the auction purchaser by balancing equities through deposit directions and interest, rather than upsetting the entire arrangement. The impugned auction was set aside subject to compliance with the Court's equitable terms. en-us Tue, 12 Dec 2006 00:00:00 +0530 Mon, 20 Nov 2017 12:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=172398 In a partition suit, a preliminary decree merely declares the parties' shares and is not executable by itself; any sale of the suit property must follow final decree proceedings, and an auction ordered without such a decree was impermissible. The Court also held that, despite the jurisdictional defect, relief could be moulded under Article 142 to protect the co-sharers and the auction purchaser by balancing equities through deposit directions and interest, rather than upsetting the entire arrangement. The impugned auction was set aside subject to compliance with the Court's equitable terms. Case-Laws Indian Laws Tue, 12 Dec 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=172398