HARNANDRAI BADRIDAS versus DEBIDUTT BHAGWATI PRASAD & ORS.

HARNANDRAI BADRIDAS versus DEBIDUTT BHAGWATI PRASAD & ORS.

A decree-holder auction-purchaser is entitled to apply for delivery of vacant possession under Order XXI Rule 95 of the Code of Civil Procedure. Execution proceedings do not end with the confirmation of sale; all questions relating to delivery of possession, including resistance by judgment-debtors, are questions relating to the execution, discharge, or satisfaction of the decree and must be decided by the executing court, not by a separate suit.

Parties
Appellant: Harnandrai Badridas; Respondent No. 1: Debidutt Bhagwati Prasad; Respondent No. 3: Respondent No. 3
Jurisdiction
India
Judgment Date
04 May 1973
Procedural Posture
Civil Appeal / Appeal by Certificate From the Judgment and Order Dated April 29, 1966 of the Calcutta High Court in Appeal No. 109 of 1965
Outcome
Appeal dismissed
Legal Topics
Execution Proceedings, Auction Sale in Execution, Delivery of Possession, Section 47 CPC, Order XXI Rules 95 to 102
Civil Procedure Execution Proceedings Auction Sale in Execution Delivery of Possession Section 47 CPC Order XXI Rules 95 to 102

Case Brief

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Parties

Harnandrai Badridas

Appellant

Debidutt Bhagwati Prasad

Respondent No. 1

Respondent No. 3

Respondent No. 3

Procedural Posture

Civil Appeal / Appeal by Certificate From the Judgment and Order Dated April 29, 1966 of the Calcutta High Court in Appeal No. 109 of 1965

Legal Issues

  1. 1 Whether after an auction sale in execution of a decree, a decree-holder auction-purchaser can move the executing court for delivery of vacant possession of an immovable property, or whether he has to file a separate suit to get that possession

Ratio Decidendi

A decree-holder auction-purchaser is entitled to apply for delivery of vacant possession under Order XXI Rule 95 of the Code of Civil Procedure. Execution proceedings do not end with the confirmation of sale; all questions relating to delivery of possession, including resistance by judgment-debtors, are questions relating to the execution, discharge, or satisfaction of the decree and must be decided by the executing court, not by a separate suit.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed with costs.