High Court of Judicature at Allahabad
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Maheshwari Brothers And Company v. Premchandra And Others - WRIT - C No. 16256 of 2006  RD-AH 6548 (24 March 2006)
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.
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