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ARUN KUMAR JHA
Nirmala Devi – Appellant
Versus
Hira Lal Swarnkar – Respondent
Arun Kumar Jha, J. – The instant petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India for quashing the order dated 05.07.2018 passed by the learned Munsif, Saharsa in Execution Case No. 2 of 2003 whereby and whereunder objection petition filed by the petitioner has been rejected by the learned executing court.
2. Briefly stated, the facts of the case are that one Ramkrishan Swarnkar, father of respondent nos. 1 and 2, executed a registered mortgage deed of conditional sale in favour of one Upendra Prasad Ambashth, husband of the petitioner on 11.08.1983. On 07.08.1986, the mortgagor Ramkrishan Swarnkar filed a petition under Section 83 of the Transfer of Property Act (hereinafter referred to as ‘the TP Act’) before the learned Munsif which was numbered as Misc. Case No. 08 of 1986. On 30.09.1986, the learned Munsif passed an order in Misc. Case No. 08/1986 that it was not possible to conduct hearing for eviction of mortgagee Upendra Prasad Ambashth. Thereafter, again on 01.10.1986, the mortgagor Ramkrishna Swarnkar filed a fresh petition under Section 83 of the TP Act against the mortgagee which was numbered as Misc. Case No.10/1986. In t
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 execution of an ex parte decree is not barred by limitation if the decree has merged with a revisional order, resetting the limitation period for enforcement.
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.
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....
A second execution petition filed after the limitation period is barred, and withdrawal of an earlier execution does not extend the limitation period.
Automatic redemption of mortgage occurs under Section 12 of the Bihar Money Lenders Act after seven years without requiring legal action, reaffirming principles of res judicata in execution proceedin....
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.
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