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SUJIT NARAYAN PRASAD
Most. Dewanti Devi, d/o Bhola Ram – Appellant
Versus
Saroj Devi, w/o Surendra Sharma – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. The instant civil misc. petition has been filed under Article 227 of the Constitution of India against the order dated 16.11.2022 passed in Misc. Civil Appeal No. 137 of 2022 corresponding to CNR No.JHCH02-0002422022 arising out of Execution Case No.01/2008 whereby and whereunder, the petition dated 10.06.2022 filed by the judgment debtors/petitioners to review/recall of the order dated 12.05.2022 passed in Execution Case No.01 of 2008.
2. The brief facts of the case as per the pleading made in the petition which requires to be enumerated, read as under:
A deed of partition was settled on 11.03.1970 with regard to the suit land.
The learned Executive Magistrate, in a proceeding initiated in a Case No.35 of 1985 under Section 145 of Cr.P.C. relating to the land in dispute declared the exclusive possession of the suit land by the judgment debtor and even the revision petition was dropped by the High Court as devoid of any merit on 12.05.1987. Thereafter, vide order dated 22.06.1987 passed in Cr. Rev. No.87 of 1987(R) by the High Court, liberty was given to the decree holder to ventilate the grievance before the civil court.
Title Suit No.3 of 1988 was
The executing court is bound to execute the decree as per its terms, and the jurisdiction under Article 227 is limited to correcting gross abuses of jurisdiction, not to re-evaluate findings of fact ....
The executing court is bound to execute a decree as it stands, and objections to its execution must be based on jurisdictional issues rather than claims of error in the decree's interpretation.
Clerical and arithmetical errors in judgments can be corrected under Section 152 of the CPC without altering substantive rights, and the High Court has the authority to intervene under Article 227 to....
The executing Court cannot go behind the decree and must execute it according to its tenor, and cannot entertain objections to the decree's correctness in law or on facts, unless it is a nullity or p....
Objection to execution of decree – Running a separate miscellaneous proceeding under Section 47 of CPC is a misuse of process of court.
The main legal point established in the judgment is that the court has the power to allow amendments to the plaint to prevent the inexecutability of a partition decree.
A decree for permanent prohibitory injunction is enforceable by assignees, is not subject to limitation, and the executing court has the authority to restore possession in cases of dispossession.
The executing court must determine questions arising between parties to the decree without modifying it, and procedural irregularities should not defeat substantive rights.
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