{ ^ ® IN THE HIGH COURT QF JUDICATURE AT BILASPUR rCHHATTISGARH^ CIVIL REVISION N0. ^^ OF 2006 APPLICANTS 1. M ^y Av,r /^' -<^. <^ /^' Shabbir Hussain, aged about 65 years, S/o late Shri Sajjad Hussain (Since deceased throuah le^al representatives> 1. (a)Amna Begam, Widow of Shabbir Hussain, aged about 63 years. (b) Shahid Kasmi, S/o Shabbir Hussain, aged about 36 years. (c) Naushad Kasmi, S/o Shabbir Hussain, aged about 34 years. (d) Shoaib Kasmi, S/o Shabbir Hussain, aged about 30 years. (e) Sohait Kasmi, S/o Shabbir Hussain, aged about 28 years. (f) Zahid Kasmi, S/o Shabbir Hussain, aged about 26 years. Nfitg:- Shabbir Hussain, Since deceased Separate application for permisslon to challenge the impugned order dated 06.03.2006 is filed by legal .(-epresentatives of Shabbir Hussain. \ 2. Smt. Na^t^ Begam," aged about 65 ye&FST^/Vidow of Anwar Hussain, Daughter in-law of late Shri Sajjad Hussain All residents of Near Nagorav Sheish School Mainroad Juna Bilaspur, Tahsil and District Bilaspur (M.P.) (Now C.G) -^? VERSUS NON-APPLICANTS 5Z2. ^ -^ 4. ^s 1. Ahemad Hussain, aged about 58 ' years, S/o late Amjad Hussain Israr Hussain, aged about 55 years, S/o late Amjad Hussain 3. Iftekhar Hussain, aged about 48 years/S/o late Amjad Hussain ^ All resident of Near Nagorav Shesh School Manroad Juna Bilaspur, Tahsil and District Bilaspur (M.P.) (Now C.G) Mst. Hazara Begam, aged about 67 years, W/o Abdul Rajjak Daughter of late Amjad Hussain, R/o Village-.,. Uslapur, Tahsil and District Bilaspur (M.P.) (Now'C.G) " n 5. ^st^-^abra Begam, aged about?5? years, W/o Mobin Ahemad Quraishi daughter of late Amjad Hussain, R/o Bairan Bazar, Raipur (M.P.) (NowC.G) 6. Mst. Saira Begam, aged about41 / years, W/o Abdul Sattar Daughter of tate Amjad Hussain, R/o Tikrapara, Behind Narmal School Bilaspur (M.P.) (NowC.G.) 7. Nadira Begam, aged about 38 years, W/o Rijwan Daughter of late Amjad Hussain, R/o Near Maszid Chantidih Bilaspur, Tahsil and District Bilaspur (M.P.) (Now C.G.) :^.s I: >tl CIVIL REVISION UNDER SECTION 115 OF THE CIVIL PROCEDURE CODE. 1908 HI6H COURT OF CHHATTISe^RH. BILASPUR CIVIL REVISION N0.75/2006 ShabbJr Hussain and others Vs. Ahmed Hussain and others u- Appearance : Shri Manidra Shrivastava/Sr. Advocate with Shri Bhaskar Pyasi, counsel for the appliccuits. Shri Saifuddin Rajas, counsel for the respondents. ORAL ORDER (5.7.2006) SUNIL KUMAR SINHA. J. Shri Manindra Shrivastava, Sr< Advocate with Shri Bhaskar Pyasi, counsel for the applicants. Shrj Saifuddin ftajas, counsel for the respondents. Heard finally with the consent of the parties as the parties are duly represented by their counsel. (2) This revision is directed against the order dated 6.3.2006 passed by the First Civil Judge. Class-I, Bitaspur in Execution case No.240-A/1996 pending in his Court-. A perusal of the order would show that in a proceedin9 of execution of decree, filed by the respondents before the Executing Court, the oppljcants filed threefold objectiori as follows:- WSiii!^^ K • S8N f% ^ 1 ^ •^- .0: I \i^ t -:;a-. o w •S-. p •s ia liffl ^ t 4 i? s g ^l^l w ^ 1 't3': m i'l fo.^i^ ^ >C): 1 ^5fer:r! - ^- contain reasons on which the Executing Court has overruled the objections, but, the Executin9 Court has taken a ri9ht view on the basis of material available on record. The objections raised by the applicants were liable to be dismissed, which have rightly been dismissed by the Executing Court. ^^^/^ (6) Section 47 relates to the questions to be determined by the Court, executing a decree. It has been provided that all questions arising between the parties to the suit in which the decree was passed or their representatives and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court, executing the decree and not by the separate suit There are certain explanations under this Section, The overall effect of this Section is 1+iat as soon as a question relating to the execution discharge or satisfaction of the decree is raised by the parties concerned, the Executin9 Court shall have to determine those questions and no separate suit etc. is required to be filed in this regard. (7) In view of the provisions contdned in Section 47, it is apparent that when the objection like limJtation, maintainability, non- Joinder and want of appropriate particulars were raised by the appliccxnts against the execution of the decree, it wasincumbent upon the Court to decide those points by passing an appropriate order on them, which has not been done in this case, (8) Another aspect of the matter would be that the decision reached by the E^ecuting Court does not appear to be based on reasonings, A judicial order is always required to be passed on -4- reasonings and if the order is unreasoned, the same cannot be sustained in the eyes of law, Reasons are live links between the mind of the decjsion taker to the controversy in question and the decision or conclusion arrived at Failure to give reasons amounts to denial of justice {please see Atexander Machmery Dudley Ltd. Vs. Crabtfee (1974 L€R 120) reference available in AIR 2003 SC 1462 at paoe 1467. (9) In view of what has been stated above, I am of the opinion that this order passed by the Executing Court must be quashed. The ^xme is accordingly quashed. The Executing Court is directed to take up the matter for hearing and to decide these points raised by the applicants before passing an order regarding execution of decree. If the warrant of possession have already been issued, they shall be kept in abeyance till decision of the points raised and the decision rendered by the executing court shall be followed in all respects. (10) At this stage, Shri Saifuddin ftajas submits that the matt-er is an old matter w\d some time-limit be also fixed for the Executing Court. The prayer appears to be reasonabte. It is observed that the Executing Court shall take necessary steps to dispose of the matter at an early date, provided the parties to the petition extend due cooperation. (11) Parties are directed to appear before 1+ie Executing Court on 17th July 2006. Sd/- Sunil Kumar Sinha Judge