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DWARKA DHISH BANSAL
Jagivandas Jaiswal – Appellant
Versus
Nohari Bai – Respondent
ORDER
1. This civil revision has been preferred by the applicant/plaintiff/decree-holder challenging the order dtd.12.5.2015 passed by Second Civil Judge Class-II, Shahdol in MJC No.9/2013 whereby Executing Court has, while deciding the respondents/judgment debtors’ application under section 11 and 151 of CPC dtd. 5.1.2015 (IA No.7), dismissed the execution application filed under Order 21 rule 32 r/w section 151 of CPC holding it to be not maintainable due to previous execution of judgment and decree by delivery of possession vide order dtd.9.11.2001.
2. Facts in short are that a judgment and decree declaring the plaintiff to be bhumiswami of the land in question, restoration of possession as well as for permanent injunction (after restoration of possession), was passed on 31.3.1998 by Additional Civil Judge Class I, Shahdol in civil suit No.94-A/1997, which was affirmed vide judgment and decree dtd. 6.8.1999 in civil appeal filed by respondents’ ascendant-Shambhu s/o Pardesi Kumhar and upon filing execution application, the judgment and decree of possession was executed and the plaintiff was put in possession. As there was decree of permanent injunction also, therefore, an applica
(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 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.
The principle of 'interest reipublicae ut sit finis litium' - there should be a limit to the litigation.
The main legal point established in the judgment is that the decree of permanent injunction is binding on all parties, and relief can be sought under Order XXI Rule 32 of the Code of Civil Procedure ....
Executing courts can restore possession even after a decree of prohibitory injunction has been violated, ensuring compliance with judicial orders.
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
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