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NUPUR BHATI
Rashid Mohd. S/o Shri Fateh Mohd. – Appellant
Versus
Kishore Kumar S/o Shri Banshi Lal – Respondent
ORDER :
1. The instant writ petition has been filed by the petitioner challenging the order dated 08.10.2024 (hereinafter as ‘the impugned order’) passed by Learned Civil Judge, Sr. Division, Aburoad (hereinafter as ‘learned Civil Judge’) whereby the learned Civil Judge has dismissed the application filed by the petitioner herein in Civil Execution Case no. 05/2024 under Section 151, Code of Civil Procedure, 1908 (hereinafter as ‘CPC’). The instant writ petition has been filed by the petitioner for quashing and setting aside of the impugned order with the following prayer:
(A) The order dated 08.10.2024 passed by learned Civil Judge, Sr. Division, Aburoad may kindly be quashed and set aside.
(B) The possession of the shop/premises in question from the petitioner with forcefully with the help of police and without adopting due process of law and giving opportunity of hearing, may kindly be restored.
(C) The learned Civil Judge, Sr. Division, Aburoad may kindly be directed to decide the objection filed under Section 144 read with 0.21 R.99 and 101 CP
The execution of a decree must follow due process, including notice to the parties involved, but compliance with prior agreements is essential for lawful execution.
The executing court lacks jurisdiction over a compromise decree that is a nullity, allowing restoration of possession to the appellant.
The Executing Court's authority under Sec. 47 of the Code of Civil Procedure is limited to issues of jurisdiction and the validity of the decree, and objections already adjudicated by higher courts c....
Court neither loses its jurisdiction after grant of decree for specific performance nor it becomes functus officio – If an ancillary or incidental relief is not granted, there would be no value to de....
Executing Court cannot dismiss execution case on technical grounds.
The Executing Court must execute decrees as per their terms without questioning merits or introducing new factual disputes.
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