NDLI: Jini Dhanrajgir & Anr Vs. Shibu Mathew & Anr. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1908 : s. 47 Code of Civil Procedure Ord. XXI r. 97 – Execution of decrees–
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Code of Civil Procedure, 1908 : s. 47, Ord. XXI r. 97 – Execution of decrees– Resistance to delivery of possession to decree-holder or purchaser – Original plaintiff filed suit for declaration of title and recovery of possession against the defendants – Suit decreed in favour of the plaintiff and the defendants directed to put the plaintiff in possession of the suit property – In appeal, decree modified to the extent of paying compensation to defendants in lieu of part-payment of purchase consideration made by defendant no. 1 and thereafter, the defendants would surrender the vacant possession of the property – Execution application by the appellant-son and daughter of the plaintiff – Executing Court held that the objections filed by the respondents, who had purchased the property from defendant no. 1 to be maintainable and deemed it necessary to adjudicate the same on their own merits – On appeal, held: Claim regarding right, title and interest in respect of their respective shares in the decretal property, as raised by the respondents, cannot be thrown out at the threshold since it is well within their rights to contest the application u/ Ord. XXI r. 97 filed by the appellants – Since evidence is required to be led before it, the Executing Court was justified in holding the objections to be maintainable at this stage not in the sense that the decree cannot be executed against them but in the sense that a prima facie case had been set up for an enquiry to be conducted, and posting the matter for evidence to be led by the parties – Upon determination of the questions referred to in r. 101, the Executing Court would proceed in the manner mandated by r. 98 –Thus, interference with the order under challenge not called for – Executing Court to deal with the application of the appellants u/ Ord. XXI r. 97 together with the objections raised by the respondents on their own merits – Appellants have been deprived of the fruits of the decree for over two decades, it would be just and proper that the Executing Court decides the issue as early as possible.Constitution of India : Art. 136 – Power to grant leave under – Appellant directly coming before this Court against the order of the Executing Court without subjecting such orders to any challenge before the High Court – Permissibility of – Held: This Court should not entertain such matters – Litigants should not be indulged to hop, skip and jump to reach the Supreme Court for the remedy is quick and more efficacious – Supreme Court in its discretion does entertain special leave petitions directly from orders of tribunals/courts without the High Court having been approached only in matters where substantial questions of general importance are involved or where a similar issue is pending for its consideration – This Court would not allow a party invoking the ‘special leave’ jurisdiction to bypass the remedy available – Alternative remedy.
Judge	Hon'ble Mr. Justice Dipankar Datta
Neutral Citation	2023 INSC 544
Petitioner	Jini Dhanrajgir & Anr
Respondent	Shibu Mathew & Anr. Etc.
SCR	[2023] 5 S.C.R. 551
Judgement Date	2023-05-16
Case Number	3758- 3796

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