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2025 DIGILAW 399 (SC)

Mohammad Sadik Mohammad Kasam v. Ravindra Singh Arun Singh Keer

2025-01-27

SANDEEP MEHTA, VIKRAM NATH

body2025
ORDER : 1. Heard learned counsel for the parties. 2. Leave granted. 3. The appeal arises from impugned judgment and order dated 11th July, 2024 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur. 4. The relief claimed in the suit as also in the decree of the Trial Court was with respect to handing over possession of the land admeasuring 10 ft. x 10 ft. equivalent to 100 sq. ft. only which decree stood satisfied under orders of the Executing Court and the possession has admittedly been handed over by the defendant/judgment debtor in favour of the plaintiff/decree holder. 5. Subsequently, in execution proceedings the decree holder filed further application praying for possession warrant of the area of 1747 sq.ft. and possession of which as alleged to had been taken over by the defendant/judgment debtor during the pendency of the suit. This application was rejected by the High Court. However, the High Court has allowed the application under Article 227 of the Constitution of India and has directed the judgment debtor to hand over the possession of the said additional area of 1747 sq.ft. also to the decree holder. 6. In our considered opinion, the High Court fell in error in issuing such direction as in the civil proceedings for possession of the area, the pleadings would be very relevant and once the pleadings and relief claimed and decreed was only for 100 sq. ft. under execution of the said decree, no further area in possession of the judgment debtor could have been directed to be handed over to the decree holder. The judgment debtor cannot be dispossessed from an area not covered by the decree and the decree holder cannot be granted more than what was adjudicated. 7. Accordingly, we set aside the judgment and order dated 11th July, 2024 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Writ Petition No. 1169 of 2023. 8. The appeal is accordingly allowed. 9. Pending application(s), if any, shall stand disposed of.