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Abdul Gaffar Dar – Appellant
Versus
Mohammad Shafi Khan – Respondent
JUDGMENT :
1. The petitioner/decree holder has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India read with Section 104 of the Constitution of Jammu & Kashmir so as to assail the order dated 11.07.2019 passed by the Executing Court directing the SDM, Chadoora, to submit report in respect of certain points and restraining the parties from changing the nature of the suit property or from excavating any soil or clay from it till the report is so filed by the SDM Chadoora.
2. The basic contention of learned counsel for the petitioner is that fresh report from SDM is not necessary at all as the Executing Court cannot collect evidence for the purposes of executing the decree and has to rely upon the documents on record which includes a report of the revenue submitted during trial. Secondly, the Executing Court cannot go behind the decree to record its own finding. It has acted without jurisdiction in passing the interim direction which otherwise have the effect of nullifying the decree.
3. The facts of the case reveal that the petitioner/ decree holder instituted a civil suit in respect of the land under his ownership and possession measuring 1
Unreasonable delay in execution of a decree - Executing Court has to decide only questions with regard to execution, discharge and satisfaction of decree and cannot go behind decree for purposes of e....
Objection to execution of decree – Running a separate miscellaneous proceeding under Section 47 of CPC is a misuse of process of court.
The Executing Court has jurisdiction under Section 47 of the Code to address ambiguities in land boundaries to facilitate proper execution of decrees.
The executing court is bound by the decree's terms and cannot entertain objections that do not pertain to jurisdiction, even if the decree is allegedly erroneous.
A Judgment Debtor may raise jurisdictional objections against a decree in execution proceedings only if such objections are apparent on the record, not requiring examination of facts. An erroneous ex....
The main legal point established in the judgment is that the decree of permanent injunction is binding on all parties, and relief can be sought under Order XXI Rule 32 of the Code of Civil Procedure ....
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