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2024 Supreme(P&H) 798

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANIL KSHETARPAL, J.
Labh Singh – Petitioner
Versus
Harbachan Singh & Ors. – Respondents
CIVIL REVISION NO. 4060 of 2017 (O&M)
Decided On : 21-02-2024

Advocates Appeared:
Mr. Vishal Mittal, Mr. Manish Gillotra and Mr. Mandeep Singh, Advocates; For the Petitioner(s) (In CR-4060-2017) and for the respondents (In ESA-128-2018 and other connected cases).
Mr. M.L. Saggar, Senior Advocate with Ms. Armaan Saggar, Advocate for the appellants (In ESA-128-2018 and other connected cases).
Mr. Arun Bansal, Mr. Sandeep Bansal and and Mr. Anubhav Bansal, Advocate s; For the Appellant/respondent No.6 (Smt. Bhavjeet Kaur).
Mr. Kanav Singla, Assistant Advocate General, Punjab

The Executing Court's authority is limited to issues directly related to the execution of a decree, and it cannot adjudicate unrelated matters raised by third-party objectors.

Headnote:(A) Code of Civil Procedure, 1908 - Order XXI Rule 97 - Execution of decree - The court examined whether all issues between the decree holder and third-party objectors must be resolved by the Executing Court during execution proceedings. The court held that the Executing Court's jurisdiction is limited to issues directly related to the execution of the decree. (Paras 8, 10, 15)

(B) Jurisdiction of Executing Court - The court clarified that the Executing Court cannot decide issues irrelevant to the decree's implementation and must refrain from addressing matters pending in other proceedings. (Paras 8, 10, 12)

Facts of the case:
The case involves the execution of a decree obtained by the legal representatives of late Sh. Bhagwant Singh against the State of Punjab regarding land ownership, with objections raised by third-party occupants claiming rights over the land.

Findings of Court:
The court found that the Executing Court is limited to enforcing the decree and cannot adjudicate unrelated claims or rights of third parties.

Issues: The main issue was whether the Executing Court must resolve all disputes between decree holders and objectors during execution.

Ratio Decidendi: The court ruled that the Executing Court's role is confined to matters directly related to the decree's execution, and it cannot extend its jurisdiction to unrelated issues.

Result: Civil Revision No. 4060 of 2017 and all Execution Second Appeals are disposed of.

JUDGMENT

Mr. Anil Kshetarpal, J.

In this batch of cases, the common issue that arises for consideration is, "Whether all issues arising between the decree holder and the third party objector, regardless of their relevance to the implementation of the decree, are required to be decided by the Executing Court while considering the objections filed with respect to the execution of a Court's decree?"

2. In order to comprehend the controversy involved in the present case, the relevant facts, in brief, are required to be noticed. Late Sh. Bhagwant Singh, predecessor-in-interest of the appellants in 143 Execution Second Appeals, was Nazim in erstwhile Patiala State. He was owner of a large tract of land located in six villages i.e. Khanpur, Bunga, Sekha, Tehsil Malerkotla, District Sangrur, now falls in District Malerkotla and villages Tangrala, Tehsil Amloh, now District Fatehgarh Sahib and village Haryiu Kalan, Tehsil Patran and village Baunngar, Tehsil and District Patiala. In the month of April 1927, Maharaja of Patiala had appointed an Administrative Committee which not only dismissed late Sh.Bhagwant Singh from the post of Nazim, but also ordered the confiscation of self-acquired property and half of his ancestral property. Late Sh.Bhagwant Singh filed a suit for grant of decree of declaration and permanent injunction restraining the State of Punjab and others including the Collector from continuing with the partition proceedings and getting possession of the land, which was decreed on 19.11.1965 while setting aside the decision of the Administrative Committee by which his property was sought to be confiscated. In appeal, the correctness of the aforesaid judgment was upheld on 08.03.1972. The Deputy Commissioner, Sangrur, issued directions to the Tehsildar, Malerkotla, to take physical possession of the land situated in villages, namely Khanpur, Bunga and Sekhan in compliance with the decision of the Administrative Committee which led late Sh.Bhagwant Singh to file a suit dated 09.06.1977 for the grant of decree of declaration and permanent injunction restraining the State of Punjab and others from interfering in his peaceful possession and from alienating the land situated in the aforesaid six villages in any manner. The Court passed an order granting ad interim injunction restraining the State of Punjab interfering into late Sh.Bhagwant Singh's possession and from alienating the suit property. On the death of Bhagwant Singh, his son Harbachan Singh and and daughter Rachhpal Kaur were brought on record as his legal representatives. On 07.11.1983, the Civil Court partly decreed the suit with respect to the land situated in villages, Hariyu, Tangrala and Baunngar, Tehsil and District Patiala. Two appeals, one by Harbachan Singh son of Sh. Bhagwant Singh and his sister and another by the State of Punjab, were filed before the First Appellate Court. On 15.12.1986, the First Appellate Court allowed the appeal filed by Harbachan Singh son of late Sh.Bhagwant Singh and his sister, whereas dismissed the appeal filed by the State of Punjab resulting in decree of declaration with respect to the existing land located in six villages. Regular Second Appeal No. 2435 of 1992 and Regular Second Appeal No. 2436 of 1992 filed by the State of Punjab, were dismissed on 25.03.1992. The Special Leave to Appeal was also dismissed in the month of March, 1993. In the meantime, Harbachan Singh son of late Sh.Bhagwnt Singh also died. His legal representatives including widow and the children filed an execution petition in which petitioner-Labh Singh (In Civil Revision No. 4060 of 2017) filed objections under Order XXI Rule 97 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") claiming ownership of the land situated in village Hariyu, Tehsil and District Patiala, on the ground that they are in possession as the occupancy tenants and the land has been allotted to them by the State of Punjab or in the alternative, they have become owne

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