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PRANAY VERMA
Karansingh Deceased Through Lrs. Manoharsingh – Appellant
Versus
Santosh – Respondent
ORDER :
This revision under Section 115 of the CPC has been preferred by the petitioners/decree holders being aggrieved by the order dated 15.04.2024 passed by the executing Court whereby their application under Section 74 of the CPC has been rejected.
2. The petitioners had filed a suit against the respondents for possession of the suit land. The same was decreed by judgment and decree dated 10.01.2021 directing delivery of possession of the suit land in their favour.
3. Thereafter the decree was put to execution by the petitioners in which on 01.02.2024 possession of the suit land was delivered in their favour by the revenue authorities by explaining the boundaries of the suit land to them. Possession of the crops standing over the suit land was also delivered in their favour. The executing Court thereafter recorded its satisfaction that possession of the suit land has been delivered to the petitioners.
4. Thereafter an application under Section 74 of the CPC was preferred by the petitioners before the executing Court submitting that subsequent to delivery of possession of the suit land in their favour the respondents have cut the crops sown over the suit land. The same has resulted
Section 74 of the CPC is not applicable after possession of immovable property has been delivered to the decree-holder.
Objection to execution of decree – All questions arising between parties to suit in which decree was passed or their representatives relating to execution, discharge or satisfaction of decree must be....
A decree for specific performance of a contract implicitly includes the right to possession of the property, and objections regarding the decree's executability must be raised collectively.
The executing court cannot entertain pleas contrary to the decree, and the execution of a decree should not be thwarted on untenable grounds having no bearing on its validity or executability.
Court neither loses its jurisdiction after grant of decree for specific performance nor it becomes functus officio – If an ancillary or incidental relief is not granted, there would be no value to de....
Executing Court has authority to adjudicate all questions pertaining to right, title or interest in property arising between parties including claim of a stranger who apprehends dispossession from im....
Point of law: If once we accept the legal position that neither a contract for sale nor a decree passed on that basis for specific performance of the contract gives any right or title to the decree-h....
The main legal point established in the judgment is the conclusive nature of the determination between the parties and the decree-holder under Order XXI Rule 97 of CPC, and the application of this pr....
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