Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SUJANA
Thakur Harinath Singh – Appellant
Versus
Thakur Ratna Baidied – Respondent
ORDER :
K. SUJANA, J.
Since the issue involved in all these criminal petitions is one and the same, they are being heard together and are being decided by way of this common order.
2. C.R.P.No.3355 of 2018 is filed challenging the order dated 23.03.2018 passed in E.P.No.1 of 2009 in O.S.No.65 of 1976 by the learned Senior Civil Judge, Nalgonda; C.R.P.No.2030 of 2018 is filed challenging the order dated 23.01.2018 passed in E.A.No.173 of 2017 in E.P.No.01 of 2009 by the learned Senior Civil Judge, Nalgonda.
3. The brief facts of the case are that the Revision Petitioners filed O.S.No.65 of 1976 seeking recovery of possession of properties listed in “A” and “B” schedule and for rectification of records. This suit was clubbed with O.S.Nos.245 of 1978 and 53 of 1979. By a common judgment dated 31.03.1986, O.S.No.65 of 1976 was decreed in favour of the Petitioners, while the other two suits were dismissed.
Respondent No.1 filed appeals (A.S.Nos.1671 and 1729 of 1986) before this Court, which were also dismissed on 19.06.2000. To enforce the decree, the petitioners initially filed E.P. under S.R. No. 53 of 2002, which was returned due to lack of boundary details of the property. Another E.P.N
The executing Court must facilitate the execution of decrees and cannot dismiss petitions based on technical boundary identification issues; appointment of an Advocate-Commissioner is necessary for e....
Decree enforcement is limited to the property mentioned in the decree, and the executing court cannot go beyond the specified boundaries.
A decree cannot be contested in execution if the property description was not contested in the original suit, underscoring the imperative to prevent frivolous litigation.
The executing court is bound to execute the decree as per its terms and cannot entertain frivolous objections that delay justice.
Decrees regarding immovable property must be upheld despite minor identification errors, allowing for amendments under CPC to ensure proper execution.
Objection to execution of decree – Running a separate miscellaneous proceeding under Section 47 of CPC is a misuse of process of court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
