A court decree remains enforceable unless set aside, affirming ongoing jurisdiction for execution even post initial enforcement.

JUDGMENT :

PARTHIVJYOTI SAIKIA, J.

Heard Mr. G.N. Sahewalla, learned senior counsel appearing for the petitioner. Also heard Mr. D. Nath, learned counsel representing the sole respondent.

2. This is an application under Article 227 of the Constitution of India challenging the order dated 13.03.2023 passed by the learned Munsiff No.1, Dibrugarh in Title Execution Case No.04/2016.

3. The respondent is the decree holder in respect of T.S. 206/2007. He filed the suit against the present petitioner for his eviction from the tenanted premises. The tenanted premises was described as a four room RCC house with concrete roof on the first floor of the building of Assam Udyog Company.

4. Vide Title Execution Case No.04/2016 , the decree was executed. The Civil Nazir handed over the vacant possession of the four rooms to the respondent.

5. Thereafter, on 10.01.2020, the respondent filed an application before the Executing Court stating that the present petitioner being the judgment debtor, though was given four rooms on rent, had erected partitions and converted the four rooms into six rooms. The decree holder also submitted before the court that the judgment debtor was also occupying two other rooms, one room in the first floor under the stair case and the other room being on the second floor. The judgment debtor has restrained the executing staff from evicting him from the said two rooms on the ground that those two rooms were beyond the decree.

6. It is an admitted fact when the vacant possession of the four rooms was handed over to the respondent, the respondent was not personally present there, rather he was represented by his Attorney.

7. After hearing both sides, the executing court directed the petitioner being the judgment debtor to vacate the premises as claimed by the respondent.

8. The only plea taken up by the petitioner is that a decree after execution cannot be further executed or re-executed.

9. After considering the submissions made by the learned counsel of both sides, this Court must remind itself that a decree is always alive unless set aside by a superior court. The decree in the Title Execution Case No.04/2016 is still alive. The learned trial court has acted within its jurisdiction and in such a scenario a petition under Article 227 of the Constitution of India is not maintainable. The present revision petition is found to be devoid of merit and stands dismissed accordingly.