Law: Civil Procedure Code (V of 1908)

Section: S.152,O.XXI,r.35(1)(2)

Law: Civil Procedure Code (V of 1908)

Section: S.152,O.XXI,r.35(1)(2)

Civil Procedure Code (V of 1908)-------O. XXI, R.35, Ss.100 & 152---Execution of decree---Correction of decree---High Court in its directed the Trial Court that after hearing the appellant, a fresh order for execution of the decree could be issued---On remand, Trial Court issued a warrant for (Khas) possession---Appeal against said order of the Trial Court had also been dismissed through impugned order---Trial Court, in circumstances had not complied with the remand order of the High Court---Second appeal had a substance and orders passed by the Trial Court as well as the First Appellate Court needed to be amended---High Court had supervisory jurisdiction to correct the illegalities of the subordinate courts---Initially, a decree for joint possession was granted in favour of the predecessor-in-interest of the respondents---Subsequently an application was filed for correction of decree under S.152, C.P.C.---Though one of Khasra numbers had been deleted but the nature of the decree remained unchanged and by no stretch of imagination, it could be said that the Trial Court while correcting the decree had passed a decree for (Khas) possession, which was beyond the scope of S.152, C.P.C.---Decree for joint possession was to be executed in the light of the provisions contained in O.XXI, R.35, C.P.C. whereby only a warrant for delivery of joint possession should have been issued .by the Executing Court, because the Executing Court could not go behind the decree---Judgment of the First Appellate Court also needed to. be amended accordingly---Warrant issued by the Executing Court would be deemed to have been issued for joint possession of the suit land and would be executed by the respondents in accordance with provisions of O.XXI, R.35, C.P.C. 1991 CLC 424/436; 1994 CLC 1530; 2000 YLR 711; 1992 SCMR 2175 and 1994 SCMR 22 ref. Sardar Ejaz Khan for Appellants. Sardar Salman Khan for Respondents. JUDGMENT GHULAM MUSTAFA MUGHAL, J.-- This appeal is filed against the judgment and order passed by the learned Additional District Judge, Rawalakot on 12-9-2008, whereby, a warrant for possession, issued by the learned Senior Civil Judge, Rawalakat on 29-12-2006 has been…

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