Any party aggrieved by the preliminary degree does not appeal- he is precluded from disputing its correctness in appeal.

Citation

AIR 2003 SUPREME COURT 267

SUPREME COURT (From: Bombay)* M. B. SHAH, J. and D. M. DHARMADHIKARI, J.

Civil Appeal No. 7295 of 2002 (arising out of SLP (C) No. 17261 of 2001), D/- 15 - 11 - 2002

Venkatrao Anantdeo Joshi and others Appellants v. Sau. Malatibai and others Respondents.

Civil P.C. (5 of 1908), S.97, O.20 R.18 - Transfer of Property Act (4 of 1882), S.52 - Suit for partition - Preliminary decree passed - No appeal filed therefrom-Respondent claiming possession through defendant in suit - Cannot at time of passing of final decree raise plea that he was the tenant - Moreover the 'batai patra' on which basis tenancy was claimed being executed during pendency of partition suit was hit by doctrine of lis pendens.

(Paras8 9)