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IN THE HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT JAMMU
M R. JUSTICE.JAVED IQBAL WANI, J
Peer Rattan Nath Mahant Sh. Shiv ji Maharaj Peer kho, Jammu – Appellant
Versus
Wazir Onkar Singh S/o Late Wazir Mansa Ram – Respondent
JUDGMENT :
1. The instant 1st Appeal arises from the judgment and decree dated 07.06.2012, passed by the court of 1st Additional District Judge, Jammu (hereinafter for short “the trail court”) in Civil Original Suit No. 11/40 titled as “Peer Rattan Nath and Another v. Wazir Onkar Nath”, whereby the suit filed by the plaintiffs/appellants herein has been dismissed on the ground of it being not maintainable.
2. In the suit supra, the plaintiffs/appellants herein had sought a decree of declaration, declaring that the decree dated 26.04.1979, passed by this Court in civil suit No. 01 of 1961 titled as “Smt. Parvati v. Wazir Beli Ramand others” as null and void to the extent it includes the land measuring 06 Kanals and 04 marlas, falling under Khasra No. 02, Khewat No. 102 and Khata No. 301, (hereinafter for short “the land in question”) owned and possessed by the plaintiffs/appellants herein, besides also having sought a declaration that the sale deed executed by Wazir Mansa Ram-father of defendants/respondents 1 & 2 herein through his attorney in favour of defendant/respondent 3 herein and registered by the Sub-Registrar (North) Jammu, on 02.06.2001, along with mutation No. 2762 dated 0
The trial court's dismissal of the suit was upheld, emphasizing that the plaintiffs had alternative remedies under the Code of Civil Procedure, making the suit not maintainable.
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....
Execution of joint decrees remains valid even with subsequent transfers of interest by decree-holders, and a judgment-debtor cannot escape execution by claiming ownership.
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 court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
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 judgment emphasized the requirement for the court to adjudicate all questions of right, title, and possession in the property claimed by the objector under Order XXI Rule 97, and clarified the di....
Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.
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