JENNIFER MESSIAS Vs. LEONARD G. LOBO

JUDGEMENT

(1.) Leave granted.

(2.) The Civil Appeals arise from Orders dtd. 27/7/2023 in Miscellaneous Petition No. 2005 of 2022 and 20/3/2025 in the Review Petition No. 947 of 2023, in the High Court of Madhya Pradesh at Jabalpur. The impugned Orders, in effect, have set aside the Execution Proceedings pending before the IInd Additional Judge, Jabalpur, in Civil Suit No. 7A/2011. The outcome of the adjudication appears simple, but the Civil Appeals exemplify the Comedy of Errors.[1.] The polemic, which is the subject of the final adjudication, is whether the Decree dtd. 13/4/2012 is a Preliminary or a Final Decree in itself, and whether the same could be put to Execution. The narrative sounds interesting to the fraternity. Still, the ordeal the Appellant is undergoing reminds us of the oft-quoted expression that "the difficulties of a litigant in India begin when he has obtained a decree ".

(3.) Jennifer/Appellant and Peter Messias were married in 1980. In 1991, the couple purchased Flat No. 101, Amba Apartment, Civil Line, Jabalpur, also referred to as 101-A in the Advocate Commissioner 's Report ( "Subject Matter ") from their combined income. The couple was judicially separated in 2003, which this Court confirmed in 2004. Peter Messias was stated to have possession of the Subject Matter purchased by the couple. On 26/3/2014, Peter Messias died. Leonard G. Lobo/the Respondent, claims to be representing the interests of the deceased Peter Messias on the basis of a registered Will dtd. 22/3/2014. In the Civil Appeals, we are not examining the relationship or proximity of the respondent to the deceased Peter Messias. The Respondent has remained in possession of the Subject Matter of the Appeals by claiming through the late Peter Messias.