Dismissed

Shyam Singh Parihar v. Manju Bala

Rajasthan HC21 Aug 2019CMAP/38/2019

Case brief

AI extract

What is this about?

The High Court at Jodhpur dismissed an application seeking correction of a decree by adding an assessment of damages, holding that the decree strictly reflected the judgment of this Court which included damages already assessed and no addition was required. The application was disposed. Disposition: dismissed. Relief: No relief granted.

What did the court decide?

The application was disposed with no relief granted.

Shyam Singh Parihar Vs Manju Bala — Execution and Attachment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Misc. Application No. 38/2019

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Shyam Singh Parihar S/o Late Shri Kan Singh Ji Parihar, Aged About 79 Years, R/o Dhabaiji Ki Haveli, Ganesh Ghati, Udaipur, Presently Residing At Behind Mahamandir Railway Station, Jodhpur.

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----Petitioner

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Versus

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1/1. Manju Bala W/o Late Shri Yuvraj Singh, R/o Dhabaiji Ki Haveli, Ganesh Ghati, Udaipur.

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1/2. Smt. Sapna Chouhan D/o Late Shri Yuvraj Singh, W/o Shri Man Singh Chouhan, R/o Bhoot Bangla, Opposite Central School No. 1, Bheru Vilas, Air Force Area, Jodhpur.

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1/3. Smt. Nisha Kachwaha D/o Late Shri Yuvraj Singh, W/o Shri Naveen Kachwaha, R/o Kachwaha General Store, Hiran Magri, Sector No. 14, Udaipur.

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1/4. Miss Chetna D/o Late Shri Yuvraj Singh, R/o Dhabaiji Ki Haveli, Ganesh Ghati, Udaipur.

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1/5. Raj Singh S/o Late Shri Yuvraj Singh, R/o Dhabaiji Ki Haveli, Ganesh Ghati, Udaipur.

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----Respondents

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For Petitioner(s) : Mr.Narendra Thanvi. For Respondent(s) : Mr.S.Saruparia.

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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21/08/2019

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The present application has been filed praying for correction of the decree in terms of Sections 151, 152 & 153 C.P.C. passed by this Court in pursuance of the judgment dated 8.8.2018 passed in S.B. Civil First Appeal No.388/2010 (Shyam Singh Parihar vs. Yuvraj Singh).

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(2 of 3)

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[CMAP-38/2019]

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This Court vide its aforesaid judgment dated 8.8.2018 passed the following the operative order :-

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“In the result, the appeal is allowed and the judgment dated 01.11.2010 passed in Civil Suit No.08/2008 (Shyam Singh Parihar vs. Yuvraj Singh) is set aside. The suit of the plaintiff for possession, permanent and damages is decreed with cost against the respondent-defendants. The appellantplaintiff is entitled to recover possession of the suit property from respondent-defendants and permanent injunction is granted in favour of the plaintiff and against the respondents.”

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Taking into consideration the operative part of the judgment as above, the Deputy Registrar (Judicial) of this Court has prepared the decree in similar terms as directed by this Court leaving no room for clarification or addition or subtraction in the same.

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Learned counsel for the applicant submits that the judgment passed by this Court has been upheld by the Apex Court. However, when he went for getting the decree executed, the executing Court has refused to assess the damages and, therefore, need has arisen to move this application.

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Having heard learned counsel for the parties and after perusing the judgment and decree, this Court finds that no interference is called for. The decree has been prepared strictly in terms of the judgment of this Court. The judgment passed by this Court specifically grants possession, permanent (ought to be injunction) (sic) and damages and costs which has already been assessed in the decree. So far as possession, permanent injunction and damages are concerned, the executing Court is required to take steps in accordance with the suit.

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(3 of 3)

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[CMAP-38/2019]

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With the aforesaid observations, this application stands

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disposed.

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(SANJEEV PRAKASH SHARMA),J

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30-SPhophaliya/-

Shyam Singh Parihar v. Manju Bala

Case brief

What is this about?

What did the court decide?

Shyam Singh Parihar v. Manju Bala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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