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IN THE HIGH COURT OF JHARKHAND, RANCHI
SANJAY KUMAR DWIVEDI, J.
Hiraman Prasad, son of Shivlal Sao – Appellant
Versus
Arjun Prasad, son of Shivlal Sao – Respondent
JUDGMENT :
(Sanjay Kumar Dwivedi, J.)
Heard learned counsel appearing for the petitioner and learned counsel appearing for the sole opposite party.
2. This petition has been filed under Article 227 of the Constitution of India wherein prayer is made for setting aside the order dated 03.02.2024/05.03.2024 passed by learned Civil Judge (Junior Division), Hazaribag in Execution Case No.04 of 2023 contained in Annexure-3 arising out of Title Suit No.81 of 2022.
3. Mr. Amar Kumar Sinha, learned counsel appearing for the petitioner submits that the petitioner is the plaintiff in said Title Suit No.81 of 2022 which has been instituted as per direction upon the defendant to execute and register sale deed with respect to the lands measuring an area of 0.06 acres appertaining to R.S. Plot No.45 of Khata No.196 situated at village – Cantonment, Thana No.157, District – Hazaribag along with pucca house standing thereon. He submits that the said suit was contested and it was decreed in favour of the plaintiff on contest and it has been ordered and decreed that it is allowed on contest without cost in favour of the plaintiff and defendant was directed to execute the sale deed for suit land mentioned
The executing court must execute decrees as rendered and cannot alter them; objections must be raised under prescribed provisions, and erroneous decrees remain binding until properly challenged.
An executing court cannot question the merits of a decree; objections to execution must be based on jurisdictional issues or invalidity, not merit. Res judicata bars successive objections.
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.
Non-executability of decree – If decree is not nullity, executing court is required to execute such decree unless it has been set aside by a competent court in an appropriate proceeding.
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....
Point of law: If once we accept the legal position that neither a contract for sale nor a decree passed on that basis for specific performance of the contract gives any right or title to the decree-h....
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.
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