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VIJAY BISHNOI
Municipal Council, Jaisalmer, Through Its Chairman – Appellant
Versus
Harish Kumar S/o Sri Vallabh Goydani – Respondent
JUDGMENT/ORDER :
This writ petition is filed by the petitioners being aggrieved with the order dated 13.4.2022 passed by the Civil Judge, Jaisalmer (for short ‘the Executing Court’), whereby the application filed on behalf of the respondent-decree holders under Order 21 Rule 32(5) CPC has been allowed and it is directed that the possession of the disputed property be restored to the decree holders (respondent Nos.1 to 8) with a further direction that the petitioner – Municipality shall pay compensation to the tune of rupees one lakh to the respondent-decree holders. Certain consequential directions have also been issued.
2. Brief facts of the case are that one Shri Vallabh has filed a suit for permanent injunction against the petitioners in the court of Civil Judge, Jaislamer in the year 1993 claiming that his father Shri Laxmi Chand had purchased a plot measuring 80 x 80 feet situated in Jaisalmer, description of which is given in the plaint, from the District Magistrate Jaisalmer on 6.12.1951 and, thereafter, Patta was issued with respect to the said plot and since then, earlier his father and thereafter the plaintiff - Shri Vallabh is in possession of the said plot where he is ope
The executing court has jurisdiction to enforce decrees, including injunctions, and can act against violations by judgment debtors.
Rule 97 read with Rule 101 of Order 21 post amendment wherein the executing court has to determine under Rule 101 Order 21 of the Code that the question raised has legally arisen between the parties ....
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....
The main legal point established in the judgment is that a decree obtained by a tenant against a licensee can be executable against subsequent purchasers who are in possession without any lawful decr....
The Decree Holders deserved to be put back in possession as relegating them to filing another suit for recovering possession would lead to multiplicity of litigations and would prejudice the Decree H....
The court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
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