Back
HIGH COURT OF CHHATTISGARH
Rakesh Mohan Pandey
Modern Medical Institute – Appellant
Versus
Sharad Daga S/o Late Poonamchand Daga – Respondent
Order :
(Rakesh Mohan Pandey, J.)
1. The petitioner has filed this petition seeking the following relief(s):-
“ 10.1. This this Hon'ble Court may kindly be pleased to set-aside the Order dated 31.07.2024 (Annexure P/1) passed by the Execution Court i.e. in the Execution Case No. 127-A/1993 in the interest of justice.
10.2. That, this Hon'ble Court may kindly be directed to the Execution Court to execute the decree passed in Civil Suit No. 127-A/1993 strictly as per the mandate of law.
10.3. This Hon'ble Court may kindly be pleased to call for the entire records of the court below, for kind perusal of this Hon'ble Court.
10.4. Any other relief which this Hon'ble Court deem fit and proper may also kindly be granted to the petitioners in the interest of justice.”
2. The petitioner/judgment debtor has challenged the Order dated 31.07.2024 (Annexure P/1) passed by the learned Execution Court i.e. IInd Civil Judge Class-I, Raipur Chhattisgarh in Execution Case No. 127– A/1993, whereby the application moved by the present petitioner under Order 26 Rule 10(2) read with Section 151 of C.P.C. has been rejected.
3. Brief facts of the present case are as under:-
A. The mother of respondents No.1 & 2/de
The executing court has jurisdiction to enforce decrees, including injunctions, and can act against violations by judgment debtors.
The executing Court has the power under Order XXI Rule 32(5) to order necessary demolitions to enforce a decree for permanent injunction despite such powers not being explicitly stated in the origina....
Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.
The executing court is competent to consider all questions raised by the persons offering obstruction against execution of the decree and pass appropriate order, which is to be treated as a decree. T....
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....
The court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
Execution of joint decrees remains valid even with subsequent transfers of interest by decree-holders, and a judgment-debtor cannot escape execution by claiming ownership.
The principle of 'interest reipublicae ut sit finis litium' - there should be a limit to the litigation.
One joint decree-holder may apply for execution for the benefit of all unless expressly stated otherwise; courts can assess intent beyond strict decree wording.
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
