ORDER :

1. This writ petition is under Article 227 of the Constitution of India whereby and whereunder order dated 14.07.2015 passed in Execution Case No. 18 of 2014 by Senior Civil Judge No. 1, Hazaribagh has been assailed by which the executing court has passed an order for submission of format of deed regarding authorization of Nazir to execute sale- deed on behalf of the court which has been recalled under the provision of Section 151 of the Code of Civil Procedure with a direction upon the decree holder to amend the proposed format of the sale-deed and mention the caste of the decree holder/vendee and judgment debtor/vendor in the said format of the sale-deed, because without mentioning caste of the decree holder/vendee and judgment debtor/vendor decree is not executable and further the decree holder has been directed to submit affidavit as to whether judgment debtor has previously obtained sanction of the Deputy Commissioner to transfer his right in his holding or a portion of his holding by sale.

2. Mr. Amar Kumar Sinha, learned counsel appearing for the petitioner has submitted that the executing court has transgressed its jurisdiction in passing such order as because the executing court is only required to execute the decree as per its tenor and not to deviate with the decree but the executing court has not only directed the petitioner to mention the caste of the decree holder/vendee and judgment debtor/vendor as in absence thereof holding the decree not executable, rather also directed to file affidavit with respect to the permission of sanction of Deputy Commissioner to transfer his right in his holding or a portion of his holding by sale.

3. None appears for the Respondent Nos. 1 to 5 although name of Mr. Jyoti Prasad Sinha is reflecting in the daily cause list as also no affidavit has been filed.

4. Mr. Rajesh Kumar, learned counsel has put in appearance to represent the Respondent Nos. 6 and 7. He submits that the executing court has not passed an order in the nature which can be said to be improper, rather, the direction has been passed to amend the format of the sale-deed so that there may not be hindrance in execution of decree and as such the same requires no interference by this Court under its supervisory jurisdiction conferred under Article 227 of the Constitution of India.

5. After having heard the learned counsel for the parties and after going through the pleadings made in the writ petition, the factual aspect which requires to be reflected herein as per the pleading made in the writ petition is that a suit has been filed for performance of an agreement to sale dated 26.07.2011 to be executed by the defendant in favour of the plaintiff which was registered as Title Suit No. 126/2012. The aforesaid suit has been decided by judgment dated 25.01.2014 (Annexure-1). The decree has been passed by directing the defendants to execute the sale-deed in favour of the plaintiff failing which the same would be executed through the process of court and delivery of possession would also be provided.

6. The petitioner/plaintiff has filed one execution case being Execution Case No. 18 of 2014. The respondents, after being called upon by the executing court, have put their appearance and filed show cause. The executing court has passed an order on 14.07.2015 to the effect that the petitioner/plaintiff has been directed by invoking the jurisdiction conferred under Section 151 C.P.C. by recalling the acceptance of format of the deed as has been accepted vide order dated 06.09.2014 and the authorization of Nazir to execute sale- deed on behalf of the court with a direction to amend the proposed format of sale-deed and mention the caste of the decree holder/vendee and judgment debtor/vendor in the said format of the sale-deed as because, according to the executing court, due to absence of the reference of caste of the decree holder/vendee and judgment debtor/vendor decree is not executable. The further direction has been passed up