Execution of Decree – Section 54 CPC – Endless process – Chequered history of 1956 partition suit filed in 1956 and decree passed in 1957 – Till today the plaintiffs to get possession for objections of subsequent transferees.
Independent objections beyond transferor (judgment debtor) can be raised by the subsequent transferees / purchasers of suit property after preliminary decree confirmed by the appellant court
Whether the objectors / transferee can seek equitable partition of the suit properties for adjustment against the share of the judgment debtor.
Whether the objectors have independent right to raise objections to the execution of decree when the judgment debtor (from whom the petitioners / objectors purchased the suit properties after the decree attained finality) had not objected to the partition chart?
Transferee does not have higher right than the transferor and cannot be heard independently beyond judgment debtors / transferors.
Transferees who have purchased suit properties pending litigation have no right to raise their grievances independent of the transferor.
Important principle of law laid down that transferee pendente lite is bound by the preliminary decree (event if a compromise decree) which has attained finality and also final decree & execution proceedings between the partition suit parties.
The suit for partition and separate possession of the suit properties filed in the year 1956 was decreed in 1957. The defendant nos.7 and 8 fled appeal. All other parties accepted the decree.
The appeal was concluded on 2.5.1963. However, the execution of decree was obstructed by multiple objections of subsequent purchasers of suit property from judgment debtors, in the proceedings under Section 54 of CPC before the Collector.
Judgment dated 22.12.2023 in W.P.No.13576 of 2019 of Mangla Sharad Mutha and others Vs. The State of Maharashtra and others with connected matters.
200100139272019_7.pdf
