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SANJAY DHAR
Ghulam Nabi Kuchay – Appellant
Versus
Hilal Ahmad Kuchay – Respondent
JUDGMENT :
1) The petitioners have called into question order dated 06.05.2023 passed by learned Civil Judge (Junior Division), Pulwama (hereinafter referred to as “the Executing Court”), whereby warrant of possession in respect of land measuring 12 kanals and 09 marlas situated at Lethpora Tehsil Pampore, has been issued against the petitioners in an execution petition filed by the respondents seeking execution of decree dated 15.04.1993.
2) It appears that the predecessor-in-interest of the respondents had filed a suit for declaration and possession before the court below seeking a declaration that the plaintiffs are owners of 1/9th share of land measuring 230 kanals and 01 marla along with trees standing thereon situated at Lethpora Tehsil Pampore. A further declaration that the decree dated 05.09.1966 passed by learned Munsiff, Pulwama, in the case titled Nabi Kuchay & others Vs. Mohmad Kuchay & others, is null and void, ineffective and inoperative against the plaintiffs, with a decree of possession to the extent of share of the plaintiffs that was in possession of the defendants, was also sought.
3) On 29.12.1986, a compromise was arrived at between the parties and in support of
The main legal point established in the judgment is that the nature of the decree determines the applicable provisions for execution, and in this case, the decree for declaration and injunction shoul....
Executing Court has authority to adjudicate all questions pertaining to right, title or interest in property arising between parties including claim of a stranger who apprehends dispossession from im....
The duty of the Executing Court to ensure that the decree-holder is put in possession of the property, the subservient rights of subsequent purchasers to the rights of the judgment debtor, and the ne....
One joint decree-holder may apply for execution for the benefit of all unless expressly stated otherwise; courts can assess intent beyond strict decree wording.
A purely declaratory decree that creates a fresh lease is non-executable; ejectment requires a separate suit per law.
A compromise decree is binding on the parties to the suit and not on strangers, and a separate suit to challenge the compromise decree is not maintainable for strangers to the proceeding.
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