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MAHESHWARI BROTHERS AND COMPANY versus PREMCHANDRA AND OTHERS

High Court of Judicature at Allahabad

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Maheshwari Brothers And Company v. Premchandra And Others - WRIT - C No. 16256 of 2006 [2006] RD-AH 6548 (24 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

The petitioner has applied for execution of a decree for ejectment, possession and recovery of money. In that execution case, one Vinod Kumar and one Sanjeev Kumar have filed objections under Section 47 C.P.C. Both these objectors were defendants in the suit.

It is well settled that the executing court will not go beyond the decree  and such objections, which could have been taken in the trial, will not be examined in execution proceedings, unless the objection is that the decree is a nullity because of inherent lack of jurisdiction.

Keeping the above principles in mind, the executing court where the petitioner has filed objections to the application under Section 47 C.P.C. will proceed to hear the matter and dispose of the objection under Section 47 without granting undue or unduly long adjournment to the judgment debtor, who may be interested in delaying the execution and if possible, the objection under Section 47 will be disposed of within a period of two months of the date on which certified copy of this order is presented before the trial court.

Writ petition is disposed of as above.

24.3.2006

VKS/ WP16256/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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