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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Md. Akhtar Hussain And Anr S/o Late Fazeruddin Ahmed – Appellant
Versus
On The Death Of Anowar Hussain His Legal Heirs Shahjahana Begum – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. P.K. Kalita, the learned Senior Counsel assisted by Mr. K. Talukdar, the learned counsel appearing on behalf of the petitioners. Mr. A.C. Sarma, the learned Senior Counsel assisted by Mr. A. Ali, the learned counsel appears on behalf of the respondents.
2. The petitioners have challenged the order dated 24.01.2024 passed by the learned Court of the Civil Judge (Junior Division) No. 1, Kamrup (M), Guwahati (hereinafter referred to as, “the learned Executing Court”) in Title Execution No. 53/2018 whereby Petition No. 247/2023 filed under Section 47 read with Section 151 of the Code of Civil Procedure, 1908 (for short, “the Code”) challenging the executability of the decree dated 30.06.2018 in Title Suit No. 136/2013 passed by the learned Court of the Munsiff No. 1, Kamrup (M), Guwahati (hereinafter referred to as, “the learned Trial Court”) was rejected.
3. It is seen from the materials on record that the learned Trial Court had decreed the suit being Title Suit No. 136/2013, thereby granting a decree in favour of the plaintiff for recovery of possession of the Schedule-A land by evicting the defendants and removing all structures constructed by
A decree cannot be contested in execution if the property description was not contested in the original suit, underscoring the imperative to prevent frivolous litigation.
The executing court is obligated to follow prior court directives strictly and cannot exceed its jurisdiction by issuing writs contrary to those directives.
The Executing Court has jurisdiction under Section 47 of the Code to address ambiguities in land boundaries to facilitate proper execution of decrees.
Decrees regarding immovable property must be upheld despite minor identification errors, allowing for amendments under CPC to ensure proper execution.
The amendment of a decree must align with the original judgment and cannot be made without notice to affected parties, as it violates principles of natural justice.
The executing court is bound to execute the decree as per its terms and cannot entertain frivolous objections that delay justice.
The executing court must effectively identify and deliver possession of decreed property according to the specifics of the execution decree.
The executing Court must facilitate the execution of decrees and cannot dismiss petitions based on technical boundary identification issues; appointment of an Advocate-Commissioner is necessary for e....
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