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ANIL KSHETARPAL
Mukhtiar Kaur – Appellant
Versus
Mohinder Singh – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. In this revision petition, the petitioner assails the correctness of the order dated 28.10.2016 passed by the Executing Court. The application filed by the petitioner under Order XXI Rule 32 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) has been dismissed on the following grounds:
(ii) The petitioner, while appearing in evidence, in the Executing Court has categorically admitted that Sh. Mohinder Singh is in actual physical possession of the property for the last 16-17 years.
(iii) the petitioner has failed to examine any of her neighbour or any other person of the locality to prove the fact that she was illegally dispossessed after passing of the decree for injunction on 22.08.2001.
(iv) The Executing Court has found that the petitioner obtained the decree by concealment of facts.
2. Heard the learned counsel representing the petitioner at length and with his able assistance perused the paperbook.
3. Learned counsel representing the petitioner submits that there is a decree in favour of the petit
The petitioner failed to prove illegal dispossession under Order XXI Rule 32 CPC, leading to the dismissal of her application for execution of the decree.
The twin conditions of the judgment debtor's opportunity to obey the decree and wilful failure to obey it, as laid down in Order XXI Rule 32 CPC, are mandatory and coexistent, and the exceptional pow....
(1) Execution of decree – Jurisdiction of an executing court is confined to enforcing decree as it stands and it cannot travel beyond its terms.(2) To give full effect to injunction decree, executing....
The executing court must follow the procedure laid down under Rule 32 Order 21 CPC and grant an opportunity to the petitioners to show cause regarding any disobedience of the decree.
To initiate proceedings under Order 21 Rule 32 CPC, specific details of the alleged violation must be provided, which the appellant failed to do.
The decree-holder must prove that the judgment-debtor had an opportunity to obey the decree and willfully failed to obey it when seeking enforcement under Order XXI Rule 32 of the CPC.
Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.
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