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LALITHA KANNEGANTI
GIRIJA POOJARTHI D/O KORATHI POOJARTHI – Appellant
Versus
KOTA SRILAKSHMI URALA W/O. LATE SEETHARAMA URALA – Respondent
ORDER :
1. Aggrieved by the order passed in I.A. No. 28 in Ex. P. No. 06/2008 dated 15.10.2022 by the Principal Civil Judge (Junior Division), Kundapura, defendant No. 7 in the suit is before this Court.
2. Before considering the impugned order the factual matrix of the case are that the suit is filed for recovery of possession that is O.S. No. 374/1999 and that came to be decreed on 24.07.2007. Then, in the year 2008, the decree holder has initiated the execution proceedings. The Executing Court had issued the delivery warrant on 05.11.2016. Basing on the earlier order dated 08.07.2016, when the bailiff has filed a report on 09.08.2016 stating that the property cannot be identified, I.A. No. 14 is filed by the decree holder seeking for assistance of the surveyor to identify the suit schedule property. In that the Court below had passed an order that as could be seen from the materials placed before the Court shows that the Court observed that JDr. No. 7 is fighting tooth and nail on the very same issue which is already decided by the predecessor in office. Even before the Court the very same point is argued. As such to set the point in rest some points are to be clarified which are
The executing court is bound to execute the decree as per its terms and cannot entertain frivolous objections that delay justice.
Executing Court cannot dismiss execution case on technical grounds.
The Executing Court must execute decrees as per their terms without questioning merits or introducing new factual disputes.
(1) To avoid controversies and multiple issues of a very vexed question emanating from the rights claimed by third parties, Court must play an active role in deciding all such related issues to the ....
Rule 35 of Order 21 deals with modes of executing a decree for possession of immovable properties.
Executing Court has authority to adjudicate all questions pertaining to right, title or interest in property arising between parties including claim of a stranger who apprehends dispossession from im....
One joint decree-holder may apply for execution for the benefit of all unless expressly stated otherwise; courts can assess intent beyond strict decree wording.
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