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Shaikh Shakeel Ahmad v. A.C.J.And Others - MATTERS UNDER ARTICLE 227 No. - 712 of 2007 [2007] RD-AH 15038 (5 September 2007)

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Hon.Tarun Agarwala, J.

Heard the learned counsel for the petitioner and the learned counsel for the opposite party.

A suit for injunction was filed by the plaintiff in which the defendant appeared and resisted the claim of the plaintiff and also filed a counter claim. The suit of the plaintiff was dismissed and the counter claim of the defendant was decreed. The decree of the trial court was affirmed upto the stage of the Supreme Court of India. A recall application was filed by the plaintiff which was also rejected. The decree was put in execution and the judgment debtor filed an objection under Section 47 of the C.P.C. raising an issue about the jurisdiction of the trial court to decide the counter claim of the defendant. This objection was rejected by the executing court as well as by the revisional court, against which the judgment debtor has preferred the present writ petition.

I have perused the judgment of the trial court. An issue No.11 was specifically framed, namely, whether the trial court had the jurisdiction to try the counter claim of the defendant. This issue was squarely decided by the trial court holding that it had jurisdiction to decide the claim of the defendant. This issue was subsequently affirmed by the appellate court and eventually by the Supreme Court of India. Consequently, the same ground can not be reagitated by the judgment debtor in execution proceedings under Section 47 of the C.P.C.

The writ petition is dismissed summarily.


AKJ(CMA 712/07)


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