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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
PRAFULLA S. KHUBALKAR
Amol Subashrao Deshpande – Appellant
Versus
Suresh Indal Chavan – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 4) |
| 2. petitioner's right to reclaim possession (Para 5) |
| 3. legal basis for reclaiming possession (Para 6) |
| 4. respondent's argument against unilateral reclamation (Para 7) |
| 5. legal requisites for execution of decrees (Para 8) |
| 6. requirement for formal execution proceedings (Para 10 , 13) |
| 7. dismissal of the writ petition (Para 15) |
JUDGMENT :
PRAFULLA S. KHUBALKAR, J.
RULE. Rule is made returnable forthwith and heard finally with consent of the learned counsel for the parties.
2. An issue of vital importance arises in the instant petition as to whether a decree holder with a decree for possession is entitled to directly take possession of the suit property without filing execution proceedings only on the pretext of absence of stay to the decree.
3. This interesting question arises in the backdrop of challenge to the order dated 21.05.2025 passed on an application at Exhibit 9 by the Court of District Judge-1 Khamgaon, District Buldana in Regular Civil Appeal No.5 of 2025 allowing the application filed by the original defendant to restore his possession to the extent of 25.50 square meters area of the suit property.
4. The background facts are
A decree holder must utilize execution procedures as defined in the Code of Civil Procedure and cannot unilaterally take possession of property.
The duty of the Executing Court to ensure that the decree-holder is put in possession of the property, the subservient rights of subsequent purchasers to the rights of the judgment debtor, and the ne....
Point of law: If once we accept the legal position that neither a contract for sale nor a decree passed on that basis for specific performance of the contract gives any right or title to the decree-h....
A decree for perpetual injunction may be enforced through restoration of possession if the injunction is breached, allowing courts to exercise inherent powers in such situations.
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....
Objection to execution of decree – Even if Executing Court cannot go behind decree, it does not mean that it has no duty to find out true effect of that decree.
The court affirmed that a decree holder's rights must be enforced despite repeated technical objections from judgment debtors, underscoring the importance of expeditious justice in civil matters.
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