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NEUTRAL CITATION NO. 2026:MPHC-JBP:9346

1 WA-146-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK RUSIA

&

HON'BLE SHRI JUSTICE PRADEEP MITTAL

th

ON THE 29 OF JANUARY, 2026

WRIT APPEAL No. 146 of 2026

GULAB CHAND CHAURASIYA (DIED) THROUGH LRS SMT

SAKUNTALA CHOURASIYA AND OTHERS

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Bhagwan Singh Thakur - Advocate for the petitioners.

Shri Ritwik Parashar - Government Advocate for the respondents No.1

and 2/State.

ORDER

Per: Justice Vivek Rusia

The present Writ Appeal is filed against the order dated 16.10.2025,

whereby the writ petition seeking direction/command for providing adequate

police force to get the judgment and decree executed has been rejected by the

writ court.

2. The appellant/petitioner has obtained the decree of specific

performance in respect to a shop no 11, which is under execution for

possession. Initially, the suit was decreed only in respect of the refund of the

advance amount. Thereafter, the first appeal was allowed, directing the owner

to receive the balance amount of Rs.19,000/- and execute the sale deed in

Signature Not Verified

Signed by: ASHISH KOSHTA

Signing time: 04-02-2026

14:40:26

NEUTRAL CITATION NO. 2026:MPHC-JBP:9346

2 WA-146-2026

favour of the original plaintiff. The defendant challenged the said judgment

and decree in a second appeal before the High Court as well as the Apex

Court, and remained unsuccessful. Thereafter, the appellant/petitioner

initiated the execution proceedings, in which the respondent No.3 objected

that the shop in dispute had already been sold to M/s Ashiyana

Constructions; therefore, the vacant possession of the shop in question

cannot be given. The Writ Court held that there is a dispute in respect of

identification and location of the shop in question and without

demarcation/identification, the decree cannot be executed, and disposed of

the writ petition by directing that it is only the possession which required to

be handed over and as soon as the demarcation proceedings attained finality,

the possession cannot be handed over. Hence, the respondents have been

directed to ensure the execution of the judgment and decree passed by the

First Appellate Court. The direction given by the Writ Court is not liable to

be interfered with in this appeal.

3. Learned counsel for the appellant submits that by giving direction

to the police to provide protection at the time of taking possession, the decree

will not be executed, hence only a direction be issued to that effect in this

way.

4. In every execution proceeding of the decree in civil nature, the

police cannot be directed to use force to get the decree executed. The

Executing Court is required to record its satisfaction first about the

identification and location of the property in execution, and then only the

direction to the police can be given if so required in the given facts and

Signature Not Verified

Signed by: ASHISH KOSHTA

Signing time: 04-02-2026

14:40:26

NEUTRAL CITATION NO. 2026:MPHC-JBP:9346

3 WA-146-2026

circumstances. As on today, there is no material on record to issue such a

direction for police assistance in the execution of the decree. The Civil

Court is competent to give such a direction to the police for assistance if the

occasion so arises or on the basis of the report to be submitted by the

Machkuri. No case for interference is made out with the order dated

16.10.2025, passed by the Writ Court.

5. In view of the above, the writ appeal is accordingly disposed of.

(VIVEK RUSIA) (PRADEEP MITTAL)

JUDGE JUDGE

ashish

Signature Not Verified

Signed by: ASHISH KOSHTA

Signing time: 04-02-2026

14:40:26