BHASKAR SAIKIA Vs. TATARI DEVI

JUDGEMENT

(1.) THIS revision has put to challenged the order, dated 01.02.2007, passed by the learned Civil Judge, Lakhimpur, in Misc. Case No. 19/2006 (arisen out of Title Execution Case No. 9/2004), whereby the objection, raised by the judgment debtors, alleging that the delivery of possession of land has been given, in excess of the decretal land, to the decree holders, has been dismissed.

(2.) BEFORE coming to the merit of this revision, I set out hereinbelow, in brief, the material facts, which have led to this revision.

(3.) WHILE considering the above submission of Mr. Kalita, what needs to be noted is that a decree will not become a preliminary decree merely because a Court describes it as a preliminary decree, though it is true that a decree, which is a preliminary decree, cannot be executed until a final decree is drawn.