CMPMO No.173/2010 4.6.2010 Present: Mr. Anuj Nag, Advocate for petitioner. The present petition has been filed mainly on the ground that while passing the final decree in a partition suit, the learned Trial Court has gone beyond the scope of the preliminary decree passed in the suit. It being so, it goes without saying that the final decree is required to be passed strictly in accordance with the preliminary decree and if it travels beyond the preliminary decree, it shall have no legal effect beyond the scope of the preliminary decree. In such circumstances, I see no lawful cause or basis for issuing notice to the respondents and to call for the records of the Learned Trial court and the petition is taken up right now for final disposal. In view of the above, it is directed that the Learned trial court shall proceed to order execution of the final decree strictly in accordance with the preliminary decree meaning thereby that the final decree shall only be in respect of the subject matter of the preliminary decree and not beyond that. It is made clear that during the execution proceedings pursuant to the final decree, the petitioners herein, who were defendants before the learned Court below, shall be at liberty to raise all such objections as are available to them in accordance with law. Petition stands disposed of in the above terms. Copy Dasti (V.K. Sharma) June 4th,2010 Judge. (veena)