Court No. - 9
Case :- CIVIL REVISION No. - 131 of 2018 Revisionist :- Surendra Prasad Opposite Party :- Somara Devi Counsel for Revisionist :- Dinesh Pathak
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the revisionist at length.
The order impugned in this revision dated 23.04.2018, is one whereby an objection under Section 47 CPC filed by the revisionist has been rejected by the executing Court.
From a perusal of the order impugned, it emerges as is also the submission of counsel for the revisionist that the decree in favour of the decree holder, opposite party is being executed over an area, in excess of the sale deed in her favour, which sale deed was the basis of her claim in the suit, which was decreed.
The objection has been rejected by the executing Court noticing that this same precise plea had been raised by the revisionist at the first and second appellate stages. After detailed discussions on this aspect, the same had been repelled by the first and second appellate courts.
Confronted with this observation, counsel for the revisionist has no reply to offer.
Under the circumstances, the reason given by the executing Court for rejecting the objection under Section 47 CPC that it is not competent to go behind the decree, is perfectly justified and calls for no interference.
The revision is found to be without merit, as the order impugned does not suffer from any jurisdictional error warranting interference.
The revision is accordingly dismissed.
Order Date :- 31.5.2018 Mayank ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea0498 85bf64ad5bbb33050e3dfe3e210927d94 f413, SERIALNUMBER=004ee64f25f9f36f85d MISHRA bdc71f5b0ec1e2f0938431e25dbbadc93 823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-05-31 16:02:50