Objection petition under Order XXI Rule 58 CPC by LRs of a deceased defendant challenged dismissal of their claim that an execution decree for 25 sq. yards was inexecutable as they held only 22.5 sq. yards. The High Court found no illegality or perversity and dismissed the petition in limine, leaving liberty to seek stay in the pending RFA.
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$~89
.....Petitioner
versus
MUKESH KUMAR
.....Respondent Through: None.
CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)
Signature Not Verified
CM(M) 1255/2025
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Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 9.07.2025 12:56:12
Signature Not Verified
CM(M) 1255/2025
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Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 9.07.2025 12:56:12
(RFA) which has been already admitted. He submits that he would move appropriate application in said RFA (RFA No. 599/2025) seeking stay of the Execution Petition.
(MANOJ JAIN) JUDGE
JULY 17, 2025 /sw/SS
Signature Not Verified
Digitally Signed CM(M) 1255/2025 By:SONIA THAPLIYAL Signing Da te:1 9.07.2025 12:56:12
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1 issue framed by the court
Whether the Executing Court erred in dismissing objections under Order XXI Rule 58 CPC claiming the decree for 25 sq. yards was inexecutable since objectors possessed only 22.5 sq. yards.
1 provisions across 1 enactments
Charan Dass & Ors.
Mukesh Kumar
Manoj Jain
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
