Execution proceedings cannot be challenged on grounds of property vagueness or lack of identification when such issues have been previously settled by judicial adjudication up to the highest appellate level.

JUDGMENT :

Present Civil Revision is directed against the order dated 04.05.2024 passed in Execution Case No. 01 of 2008 by Civil Judge, Senior Division-III, Chatra whereby and whereunder the learned executing Court has accepted the report of Nazir, Civil Court, Chatra to the effect that the decree has been executed, accordingly, execution proceeding was disposed of after rejecting the objection dated 02.05.2024 raised by petitioners/judgment debtors.

2. Heard learned counsel appearing for the petitioners as well as respondents.

3. Learned counsel for the petitioners has submitted that earlier the petitioners have moved before this Hon’ble Court by filing C.M.P. No. 968 of 2022 which was dismissed on 16.02.2024 and which was challenged before the Hon’ble Supreme Court by filing Special Leave Petition (C) No. 9663 of 2024 which was also dismissed. It is further submitted that the manner in which the decree has been executed and the execution case was finally dropped, the petitioners had filed earlier a Civil Revision No. 26 of 2024 against the same impugned order but due to substantial typing errors crept in the said revision, it was withdrawn with liberty to file afresh revision application, accordingly, present Civil Revision was filed.

4. It is further submitted that initially the Title Suit No. 03 of 1988 was filed by the plaintiff/decree holder for declaration of their right, title and interest in respect of 17.5 decimal lands pertaining to Plot No. 622 and 623 under Khata No. 34 as described in Schedule A to the plaint which was obtained through two registered sale deeds bearing No. 1348 and 1349 dated 04.03.1985. It is further submitted that the suit of the plaintiff was decreed on contest and it was held by the learned trial Court that the plaintiff is entitled for declaration of his right, title and interest over the 15.5 decimal lands in stead of 17.5 decimal land in the aforesaid Khata and Plots of Schedule A property through registered sale deeds. The petitioners/defendants preferred an appeal against the decree passed by learned Sub Judge II Chatra (Hazaribag) in the aforesaid suit bearing No. 56 of 1994 before the Learned District Judge, Hazaribag which was also dismissed on contest but with modification in the decree to the extent of adding two decimal lands to the decree passed by the Trial Court. Thereafter, the petitioners preferred a Second Appeal No. 329 of 2004 on 29.06.2004 before the Hon’ble High Court challenging the decree passed by the Trial Court as well as First Appellate Court. While pendency of the S.A. No. 329 of 2004, pleader commissioner report as well as sketch map was submitted on 19.06.2007, thereafter, decree holder/respondent herein filed a petition under Section 152 of the CPC for amendment of Judgment/Decree before the First Appellate Court in Title Appeal No. 56 of 1994 and without hearing the petitioners, the decree was amended to the extent of including the suit property measuring 17.5 decimal land from the northern half in stead of 15.5 decimal as mentioned in the original decree as well as for the first time the direction of the land was included which is silent in the sale deeds as well as in the plaint. Accordingly, learned trial Court was also directed to prepare the final decree. It is further submitted that the aforesaid development was brought to the notice of the Hon’ble High Court by filing I.A. No. 1222 of 2008 in the S.A. No. 329 of 2004. The final decree was drawn by the Learned Trial Court in Title Suit No. 3 of 1988 including the modification of the amendment vide order dated 03.12.2007 and the pleader commissioner report dated 19.06.2007 along with map was directed to form