Court No. - 9
Case :- CIVIL REVISION DEFECTIVE No. - 12 of 2019 Revisionist :- State Of U.P. Through Collector And 2 Others Opposite Party :- Satya Narayan Jain (Deceased) And Another Counsel for Revisionist :- Nimai Dass Connect with Case :- CIVIL REVISION DEFECTIVE No. - 13 of 2019 Revisionist :- State Of U.P. Through Collector And 2 Others Opposite Party :- Satya Narayan Jain (Deceased) And Another Counsel for Revisionist :- Nimai Dass
Hon'ble Anjani Kumar Mishra,J.
These are two revisions filed on behalf of State of U.P. challenge orders passed by the executing court, rejecting objections under Section 47 C.P.C. Both the impugned orders are dated 06.10.2018.
The objections have been dismissed by the executing court on the ground that the issues that were being raised in the objection under Section 47 of the C.P.C. were issues which would and necessarily require the executing court to go behind the decree put to execution the execution case.
It has also been observed that the awards of the reference court in the land acquisition references under Section 18 of the Act, have been affirmed upon dismissal of the first appeal filed by the State.
Counsel for the revisionists despite strenuous arguments could not point out any material which would show that the issue raised is the objection u/s 47 C.P.C. would not entail investigation into the merits of the judgments and decrees themselves.
It is settled law that the executing court cannot go behind the decree and is bound to execute it in the manner it has been passed.
Under the circumstances, the orders impugned in these revisions do not suffer from no error much less jurisdictional errors that would warrant interference.
The revision which have been pressed on identical ground are therefore without merits and are dismissed.
Order Date :- 28.2.2019/sweta Digitally signed by ANJANI KUMAR MISHRA Date: 2019.03.02 13:00:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad