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Preliminary Decree Not Executable, Final Decree Required — (2026) INSC 502

Under settled law, a preliminary decree merely declares rights; it does not create an executable right. A final decree is the sine qua non for execution.

Jennifer Messias v. Leonard G. Lobo — (2026) INSC 502

Core Argument

Under settled law, a preliminary decree merely declares rights; it does not create an executable right. A final decree is the sine qua non for execution. The High Court correctly set aside the execution proceedings and directed the petitioner to seek a final decree.

Key Precedents

Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande (1995) 3 SCC 413 — Held that a preliminary decree declares rights and liabilities leaving the actual result to be worked out in further proceedings; the final decree carries into fulfilment the preliminary decree.
Bimal Kumar v. Shakuntala Debi (2012) 3 SCC 548 — Held that what is executable is a final decree and not a preliminary decree unless the final decree is a part of the preliminary decree.
Kattukandi Edathil Krishnan v. Kattukandi Edathil Valsan (2022) 16 SCC 71 — Held that after passing a preliminary decree, the trial court must proceed to draw up a final decree; the suit comes to an end only when a final decree is drawn.

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