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1 - 4 of 4 (0.25 seconds)Raddulal Bhurmal And Ors. vs Mahabirprasad Bisesar Kalwar And Ors. on 19 July, 1957
In Raddulal Bhurmal v. Mahabirprasad Bisesar Kalwar, AIR 1959
Bom 384, A Division Bench speaking through Mr. J. R. Mudholkar, J. [As his
Lordship then was] held as follows:
Vasudev Dhanjibhai Modi vs Rajabhai Abdul Rehman & Ors on 18 March, 1970
22. No materials have been placed before this court to point out that the
civil revision petitioners have sought for the judgment of the Supreme Court to
be reviewed, pointing out that the appeal had been allowed in favour of the dead
person. When no steps had been taken, they cannot be permitted to raise the
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CRP No. 680 of 2022
plea before the Executing Court. This position prevails because an Executing
Court cannot go behind a decree and is barred by entertaining any objection that
the decree is incorrect in law or on fact. (See, Vasudev Dhanjibhai Modi v.
Rajabhai Abdul Rehman, AIR 1970 SC 1475.)
Periyammal vs V.Rajamani on 18 December, 2019
26. The learned Executing Judge shall strictly adhere to the order passed
by the Supreme Court, in Periyammal v. V.Rajamani, 2025 SCC Online SC
507 and the Circular issued by this Court in R.O.C.No.27923-A/2025/F1 dated
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CRP No. 680 of 2022
23.04.2025. It is imperative for the Executing Court to ensure that the Decree
holder enjoys the fruits of the decree without any further delay. Therefore, the
Executing Court shall do the needful and pass orders in the E.P.No.15 of 2019
in O.S.No.1828 of 1989, by 28.08.2025 and shall send a report to this Court by
29.08.2025.
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