Case Note & Summary
The petitioner, Bhausaheb Dattatray Patil, was the original owner of the suit property. He filed Regular Civil Suit No.95 of 1985 for possession against the original defendant, who claimed tenancy. The tenancy issue was referred to revenue authorities and eventually reached the High Court, where the writ petition abated due to the defendant's death and failure to bring heirs on record. The suit was decreed on 10/3/1997. The petitioner filed Regular Darkhast No.332 of 1997 for execution. During those proceedings, the original judgment debtor died, and his legal heirs (Respondent Nos.1(a) to 1(d)) were brought on record. A compromise was reached, and a compromise purshis was filed on 26/2/2010, noting that Respondent Nos.1(c) and 1(d) (sisters of 1(a) and 1(b)) had executed a Release Deed on 22/2/2010 relinquishing their share in favor of 1(a) and 1(b). Their deletion from the darkhast was sought and allowed. The darkhast was disposed of on 26/2/2010. However, Respondent Nos.1(a) and 1(b) failed to comply with the compromise, prompting the petitioner to file a fresh execution application, Regular Darkhast No.66 of 2010. In this fresh darkhast, the petitioner initially included Respondent Nos.1(c) and 1(d) but later applied for their deletion, which was granted on 14/6/2011. Subsequently, Respondent Nos.1(c) and 1(d) filed an application (Exhibit 34) seeking impleadment in the execution proceedings, claiming they had not relinquished their rights and were necessary parties. The Executing Court allowed their impleadment by order dated 14/3/2012. The petitioner challenged this order in the present writ petition. The High Court held that the Executing Court had the power to implead necessary parties under Order 1 Rule 10 CPC to effectuate the decree and that the order did not suffer from any jurisdictional error. The writ petition was dismissed.
Headnote
A) Civil Procedure Code - Impleadment in Execution Proceedings - Order 1 Rule 10 CPC - Executing Court has power to implead necessary parties to effectuate the decree - The court allowed impleadment of sisters who had relinquished their share but later sought to be heard in execution - Held that the Executing Court's order was within its jurisdiction and did not warrant interference (Paras 5-7).
Issue of Consideration
Whether the Executing Court was justified in allowing the impleadment of the Respondent Nos.1(c) and 1(d) in the execution proceedings despite their earlier deletion based on a release deed and compromise.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Executing Court dated 14/3/2012 allowing the impleadment of Respondent Nos.1(c) and 1(d) in Regular Darkhast No.66 of 2010.
Law Points
- Order 1 Rule 10 CPC
- Section 47 CPC
- impleadment in execution proceedings
- compromise decree
- release deed
- legal heirs
- deletion of parties
- Executing Court's power
Case Details
2013 LawText (BOM) (04) 17
Writ Petition No.6259 of 2012
Mr. D S Sawant with Mr. Abhijit M Adagule for the Petitioner, Mr. Amit B Borkar for the Respondent Nos.1(a) to 1(d)
Bhausaheb Dattatray Patil
Abasaheb Ramchandra Patil since deceased through his Lrs Baban Abasaheb Patil and ors.
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Nature of Litigation
Writ petition challenging the order of the Executing Court allowing impleadment of respondents in execution proceedings.
Remedy Sought
The petitioner sought to quash the order dated 14/3/2012 passed by the learned Civil Judge, Junior Division, Kolhapur, allowing the impleadment of Respondent Nos.1(c) and 1(d) in Regular Darkhast No.66 of 2010.
Filing Reason
The petitioner contended that the Executing Court erred in allowing impleadment of Respondent Nos.1(c) and 1(d) who had earlier been deleted based on a release deed and compromise.
Previous Decisions
The suit was decreed on 10/3/1997. Execution proceedings (Regular Darkhast No.332 of 1997) were disposed of on 26/2/2010 based on a compromise. Fresh execution (Regular Darkhast No.66 of 2010) was filed. Respondent Nos.1(c) and 1(d) were initially included but deleted on 14/6/2011. Their impleadment application was allowed on 14/3/2012.
Issues
Whether the Executing Court had jurisdiction to allow impleadment of Respondent Nos.1(c) and 1(d) in execution proceedings after their earlier deletion.
Submissions/Arguments
Petitioner argued that the Executing Court erred in allowing impleadment as the respondents had already relinquished their rights via a release deed and were not necessary parties.
Respondents argued that they were necessary parties to the execution proceedings as they had not relinquished their rights and sought to be heard.
Ratio Decidendi
The Executing Court has the power under Order 1 Rule 10 CPC to implead necessary parties in execution proceedings to effectuate the decree. The order allowing impleadment did not suffer from any jurisdictional error and did not warrant interference under Article 227 of the Constitution.
Judgment Excerpts
The writ jurisdiction of this Court is invoked against the order dated 14/3/2012 passed by the learned Civil Judge, Junior Division, Kolhapur i.e. the Executing Court by which order the Application Exhibit 34 filed in Regular Darkhast No.66 of 2010 by the Respondent Nos.1(c) and 1(d) herein for their impleadment, came to be allowed.
The Executing Court has the power to implead necessary parties to effectuate the decree.
Procedural History
Regular Civil Suit No.95 of 1985 was decreed on 10/3/1997. Execution was filed as Regular Darkhast No.332 of 1997, which was disposed of on 26/2/2010 based on a compromise. Fresh execution was filed as Regular Darkhast No.66 of 2010. Respondent Nos.1(c) and 1(d) were initially included but deleted on 14/6/2011. They filed an application for impleadment (Exhibit 34), which was allowed on 14/3/2012. The petitioner challenged this order via Writ Petition No.6259 of 2012, which was dismissed on 29/4/2013.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order 1 Rule 10, Section 47
