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A decree is preliminary;
When it is issued in the preliminary stages of the suit
When further proceedings have to be taken or the suit to be completely disposed of
When it deals with some preliminary issues
None of the above
A decree is preliminary when a further procedure has to be taken before the suit can be completely disposed off In a preliminary decree certain rights . are conclusively determined and . unless the preliminary decree Is challenged in appeal, the rights so determined become final and conclusive and cannot be questioned in the final decree (Parvathmma v. Munzappa AIR 1997 Ker. 37).. It is not capable of execution till the final decree is passed (A.Akkukamma v. G. Papi Reddy). Both the decrees must be in the same suit and if the preliminary decree is set aside the final decree is superseded (Talebali v. Abdul Aziz). There can be more than one preliminary decree in a suit. There can be an appeal from a preliminary decree but such appeal should be filed within limitation period. Unless the preliminary decree is challenged in appeal the rights so determined become final and conclusive and cannot I be questioned in final, decree. (Parvatha.mma V. Muniyappa AIR 1997Ker. 37).
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