Minashi Sahu VS N. A. Khan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SANJAY K. AGRAWAL
Minashi Sahu – Appellant
Versus
N. A. Khan – Respondent

Counsel for the Parties:
For the Applicant:Mr. Vijay Kumar Mishra and Mr. Krishna Kumar Khatri, Advocates
For the Non-applicant No.1:Mr. Amit Soni, Advocate
For the Non-applicant No.7:Mr. K.K.Shrivastava, Advocate
For the Non-applicant No.10:Ms. Nupur Trivedi, Advocate
For the Other Non-applicants: None

ORDER (C.A.V.)

The twin questions involved in the civil revision are as under:—

(1) whether the executing court in decree for specific performance of contract of sale grant possession to the decree holder evenwhere the decree so passed is silent qua the decree for possession ?

(2) whether the principles of res judicata enumerated in Section 11 of C.P.C. applies to execution proceeding too and MJC No.51/2003 is barred by that principle ?

2. The aforesaid twin questions arises in the instant revision on the following factual back drop:-

(i) In a suit filed by the decree holder / non-applicant No.1 being civil suit No.22-A/2000 titled as N.A.Khan v. Sadik Ali and 9 others, the trial Court granted a decree for specific performance of contract in favour of non-applicant No.1 herein and against the non-applicant No.2 herein on 31.07.2022 and also ancillary decree was granted against non-applicant No.7 (Fariyad Ali), non-applicant No.8 (Brajesh Kumar Sinha), non-applicant No.9 (Smt. Sangita Singh), non-applicant No.10 (Smt. Rashmi Shrivastava) and non-applicant No.6 (Neeta Thakur). The decree so passed in favour of non-applicant No.1/ decree holder was assailed by the defendant in Fir