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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Baxi Brothers Limited, Represented By Sri Surendra Kumar Baxi – Appellant
Versus
Shankar Banik, S/o. Late Nani Gopal Banik – Respondent
JUDGMENT :
(DEVASHIS BARUAH, J.)
Heard Mr. G. N. Sahewallah, the learned Senior counsel assisted by Ms. S. Todi, the learned counsel appearing on behalf of the petitioner. Also heard Mr. B. K. Sen, the learned counsel appearing on behalf of the respondent No.2 who is also on caveat.
2. The manner in which the learned Court of the Civil Judge (Junior Division) No.1, Sribhumi, (hereinafter referred to as ‘the learned Executing Court’) have proceeded with the execution and dismissed the execution proceedings, this Court takes up the instant proceedings for disposal at the motion stage itself.
3. Taking into account that the respondent Nos. 1, 2 and 3 have jointly filed an application under Section 47 of the Code of Civil Procedure, 1908 (for short ‘the Code’) and the said application was filed on the basis of an affidavit filed by the respondent No.2, this Court finds no necessity of issuance of notice as the same would only delay the execution proceedings.
4. The materials on record shows that the learned Coordinate Bench of this Court vide a judgment and order dated 17.05.2012 in RSA No.8/2001 confirmed the judgment and decree passed by the learned Civil Judge (Senior Division), Karimg
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 must effectively identify and deliver possession of decreed property according to the specifics of the execution decree.
The Executing Court has jurisdiction under Section 47 of the Code to address ambiguities in land boundaries to facilitate proper execution of decrees.
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.
Point of law: If once we accept the legal position that neither a contract for sale nor a decree passed on that basis for specific performance of the contract gives any right or title to the decree-h....
The execution of a non-existent decree violates judicial principles, requiring courts to act within their jurisdiction per civil procedure rules.
Point of Law : Decree for eviction - when the suit in relation to an immovable property is decreed and the property is not definitely identified, the defect in the court record caused by overlooking ....
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....
The Court affirmed that the Executing Court must execute decrees based on the latest valid judgment while rectifying clerical errors under Sections 47 and 152 of the Code of Civil Procedure.
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