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PRANAY VERMA
Abdul Shakur – Appellant
Versus
Purushottam Through Hatim Kanchwala – Respondent
ORDER
1. Learned counsel for the petitioner is heard on the question of admission.
By this petition preferred under Article 227 of the Constitution of India, the petitioner / judgment debtor has challenged the order dated 18.4.2024 passed by the Appellate Court affirming the order dated 19.1.2022 passed by the executing Court, whereby his objection to the execution of the decree by the respondent had been rejected.
2. The facts of the case are that on the basis of a compromise having been arrived at between the plaintiff and defendant, civil suit pending between them was disposed off by judgment and decree dated 24.4.2007. As per the compromise decree, defendant had to deliver possession of the suit property to the plaintiff by 21.4.2011. Thereafter, plaintiff sold the suit property to one Smt. Rashida Bee by a registered sale-deed in the year 2008. In the sale-deed, it was stated that the purchaser would have the right to execute the decree passed in favor of the seller in the aforesaid civil suit. Subsequently, Smt. Rashida expired and her legal representative, her son Hatim Kanchwala filed an application before the executing Court for execution of the decree in terms of Order 21 ru
Execution applications can be validly filed by power of attorney holders if they are acquainted with the case facts, regardless of minor procedural issues.
One joint decree-holder may apply for execution for the benefit of all unless expressly stated otherwise; courts can assess intent beyond strict decree wording.
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.
Objection to execution of decree – Even if Executing Court cannot go behind decree, it does not mean that it has no duty to find out true effect of that decree.
The court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
The court affirmed that a decree holder's rights must be enforced despite repeated technical objections from judgment debtors, underscoring the importance of expeditious justice in civil matters.
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