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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE
Bhavan Jivraj Co. Pvt. Ltd. – Appellant
Versus
Ranchhoddas Lotwala Foundation A Public Charitable Trust – Respondent
ORDER:
GAURI GODSE, J.
1. Heard learned counsels for the parties. This petition is filed by the original defendant who has suffered a decree for eviction passed by the first appellate court, which is confirmed upto the Hon’ble Apex Court. After the confirmation of the decree, the petitioner filed an application under Section 47 of the CIVIL PROCEDURE CODE , 1908(‘CPC’), raising objections to the execution of the decree. By the impugned order, the trial court rejected the said application. The revision application filed before the Division Bench of the Small Causes Court was dismissed, and the executing court’s order was confirmed. The petitioner has therefore filed this petition to challenge the orders rejecting the application under Section 47 of the CPC.
2. Learned counsel for the petitioner submits that the rent court, i.e. the small causes court, had no jurisdiction to entertain the eviction proceedings as the termination notice was issued under Section 108 of the Transfer of Property Act, 1882 and thus, the rent court had no jurisdiction to decide the eviction proceedings. Section 47 of the CPC is an independent provision that enables a party to raise objections that go to
The executing court cannot entertain objections outside the decree's scope, and jurisdictional challenges must be raised initially, not post-confirmation of the eviction decree.
The Execution Court's rejection of a petition under Section 47 of the CPC was justified due to the petitioners' inconsistent claims over property ownership and tenancy, indicating a deliberate attemp....
Objection to execution of decree – All questions arising between parties to suit in which decree was passed or their representatives relating to execution, discharge or satisfaction of decree must be....
Objection to execution of decree must be raised at appropriate stage.
The Executing Court's jurisdiction under Section 47 of the Code of Civil Procedure is limited to executability issues, and merit-based challenges to decrees are not permissible.
The transferee of property can execute a decree without a separate assignment of the decree as per the amended provisions of the Code of Civil Procedure, 1908.
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