Back
IN THE HIGH COURT OF BOMBAY AT GOA
Valmiki Menezes
Rupa Jitendra Deshprabhu – Appellant
Versus
Vasudev Rajendra Deshprabhu Son of late Rajendra V. Deshprabhu – Respondent
| Table of Content |
|---|
| 1. invocation of article 227 by the petitioner (Para 2 , 3 , 4) |
| 2. arguments regarding execution proceedings (Para 5 , 6) |
| 3. determination of the petition's validity (Para 7 , 13) |
| 4. chronology of execution proceedings (Para 8 , 9 , 10 , 11 , 12) |
| 5. authority of executing courts per cpc (Para 14 , 19) |
| 6. adjudication standards in execution (Para 18 , 20 , 21 , 22 , 24) |
| 7. finality of earlier judicial findings (Para 28 , 29) |
| 8. dismissal of the writ petition (Para 30) |
JUDGMENT :
Valmiki Menezes, J.
1.Registry to waive office objections and register the matter.
2. The Petitioner invokes the supervisory jurisdiction of this Court under Article 227 of the Constitution of India to impugn order dated 24.04.2024 passed by the Civil Judge Senior Division, Panaji Goa, whereby, the Court rejected an Application under Section 47 read with Section 151 and with Order XXI Rule 58, 97, 98, 100, 101 and 103 of the CIVIL PROCEDURE CODE 1908, filed by the Petitioner in the Regular Execution Proceeding No.21/2018 before the Civil Judge Junior Division at Panaji; by this application (Exhibit D-19 before the Executing Court), the Petitioner raised objections to the Execution Application filed by R
The executing court's authority under Section 47 CPC does not permit re-examining claims already adjudicated, affirming the finality of past decisions in execution matters.
The executing Court cannot go behind the decree and must execute it according to its tenor, and cannot entertain objections to the decree's correctness in law or on facts, unless it is a nullity or p....
Execution of decree – Execution can proceed even if formal decree is not drawn – Quoting a wrong statutory provisions does not create a bar and stand in way of considering application.
The court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
Objection to execution of decree – Running a separate miscellaneous proceeding under Section 47 of CPC is a misuse of process of court.
The executing court is bound by the decree's terms and cannot entertain objections that do not pertain to jurisdiction, even if the decree is allegedly erroneous.
The executing court's limited powers at the execution stage, the prohibition on questioning the validity of the decree, and the requirement to execute the decree as made.
A person claiming independent right, title or interest in the property can resist delivery of possession even by filing an objection under Order 21 Rule 97 CPC in the executing court itself and if th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
