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IN THE HIGH COURT OF JUDICATURE AT PATNA
Arun Kumar Jha
Chinta Devi W/o Kapildeo Prasad, D/o Late Rupnarayan Prasad – Appellant
Versus
Sita Ram Prasad S/o Late Bandhu Mahto – Respondent
| Table of Content |
|---|
| 1. background of execution case and objections (Para 1 , 2) |
| 2. arguments against and in favor of execution proceedings (Para 3 , 4) |
| 3. court's analysis of evidence and execution process (Para 5 , 6 , 7 , 8) |
| 4. review of erroneous jurisdiction in execution order (Para 9) |
| 5. final order to set aside impugned execution order (Para 10) |
JUDGMENT :
Arun Kumar Jha, J.
The instant civil miscellaneous petition has been filed for quashing the order dated 20th of February, 2017 passed by learned Sub Judge-I, Hilsa, Nalanda in Execution Case No. 01 of 2014, whereby and whereunder the learned executing court set aside the delivery of possession and also the report submitted by the Nazir and directed the decree holder, i.e., the petitioners to take necessary steps for taking further delivery of possession in the land in question.
2. Briefly stated, the facts of the case as it appears from the record, are that the petitioners filed a Title Partition Suit No. 38 of 2001 against defendants/respondents claiming their half share in the scheduled property of the plaint. The suit was contested and the learned trial court after hearing the matter decreed the suit by passing the judgment dated 27
Execution courts must adhere to established decrees and may not permit repeated objections from judgment debtors if original issues have been addressed.
(1) To avoid controversies and multiple issues of a very vexed question emanating from the rights claimed by third parties, Court must play an active role in deciding all such related issues to the ....
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 has jurisdiction to enforce decrees, including injunctions, and can act against violations by judgment debtors.
Executing Court cannot dismiss execution case on technical grounds.
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....
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