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SHARMILA U. DESHMUKH
Ravi Bhagwan Gaikar – Appellant
Versus
Eknath Ziprya Patil – Respondent
JUDGMENT :
Sharmila U. Deshmukh, J.
1. The present Appeal is at the instance of the Obstructionist aggrieved by the judgment dated 11th August, 2010 passed in Civil Appeal No.99 of 2004 rejecting the Appeal filed against the Order dated 24th August, 2004 passed by the Executing Court below Exhibit 47 in Regular Darkhast No.16 of 2000 rejecting the obstructionist's application.
FACTUAL MATRIX :
2. The Respondent Nos. 1 to 6 had instituted Regular Civil Suit No.330 of 1987 against the Respondent No.7 seeking declaration that the Respondent No.7 has no right over the suit property i.e. Survey No.13 Hissa No.4 and do not have any right to carry out any construction over the said property and for an order of permanent injunction restraining the Respondent No.7 from carrying out any construction over the suit property and for recovery of possession. The suit property is land bearing Survey No.13/4 situated at village Aashte Golivali, Taluka Kalyan, District Thane. The Trial Court dismissed the suit as against which the Respondent Nos 1 to 6 filed Civil Appeal No.579 of 1996 vide judgment dated 16th November, 1999 which came to be allowed and the Respondent No.7 was directed to handover the p
The Appellate Court's failure to consider evidence of independent title and the lack of a mandatory injunction for removal of structures rendered the decree in-executable.
The executing court is competent to consider all questions raised by the persons offering obstruction against execution of the decree and pass appropriate order, which is to be treated as a decree. T....
Rule 35 of Order 21 deals with modes of executing a decree for possession of immovable properties.
The executing court possesses the authority to remove illegal constructions made during litigation to ensure complete enforcement of possession decrees.
The executing court has jurisdiction to enforce decrees, including injunctions, and can act against violations by judgment debtors.
The executing court has the power to remove unauthorized constructions made pendente lite and to ensure full enforcement of the possession decree. The court also emphasized that the respondents canno....
The executing court is bound to execute the decree as per its terms and cannot entertain frivolous objections that delay justice.
The court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
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