IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Civil Revision No.173 of 2007. Date of decision: 21.05.2008. Sh.Swaran Singh …Petitioner Versus Shri Raj Kumar …Respondent Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 For the Petitioner: Mr.Dalip K.Sharma, Advocate. For the Respondent: Mr.Ajay Sharma, Advocate. Dev Darshan Sud,J. This revision has been filed by the petitioner against the dismissal of its objection under Section 47 of the Code of Civil Procedure against the execution of the decree on the ground that he has purchased land comprised in Khasra No.276 by a registered sale deed on 10.8.2005. According to his allegation, he has become owner in possession of the land pursuant to such purchase. The sale deed has been produced on the record as Ex.PW-2/A. The objection taken by the petitioner is: “1. That the application/execution is not maintainable in the present 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 form in which it has been filed. As the replying respondent has purchased the disputed land by sale deed no.403 jild no.38 dated 10.08.2005 from the brother of executionist/applicant for a consideration of Rs.10,000/- (Rupees ten thousands only) and the possession of the same has been delivered/admitted by the vendor to the vendee on the spot and thus the respondent has become co-owner with the applicant/executionist and thus decree/judgment dated 1.2.2005 has become infructuous. Copy of sale deed dt.10.8.05 and copy of Rapat Rojnamcha dt.2.9.05 is attached herewith. So keeping in view the above facts and circumstances and in view the sale deed dated 10.8.2005 and copy of Rapat Rojnamcha dated 2.9.2005 the execution of the applicant/executionist deserve dismissal and the same may kindly be dismissed with cost in the interest of justice.” The registered sale deed has been produced on the record as Ex.PW-2/A. The learned executing Court has dismissed the execution petition basically on the ground that the decree has been affirmed by this Court in RSA No.136 of 2005 and in that that constitutes a bar to the petitioner for raising any such objection. 3 I have heard learned counsel for the parties and have gone through the record of the case. Saying that the decree is in-executable because of some intervening circumstances is different from holding that the fruits of the decree cannot be granted in favour of a party. In execution proceedings, the Court is required to determine as to whether on the basis of the judgment and decree passed by a Court which has attained finality, the Decree Holder is entitled to that which the decree declares him so or whether intervening circumstances have rendered the decree in-executable. Section 47 is meant for resolution of these disputes saving the parties from the long drawn process of civil suits with practically the same factual matrix. The executing Court has not determined as to whether the appeal in-fact adjudicates on the rights of the parties after the execution of the sale deed. If it was the case of any of the parties that the sale deed has been or is a sham transaction or that the decree specifically prohibits the sale of the suit land, such determination has to be made on the basis of the evidence brought on record. The learned executing Court, while dealing with certain facts held against the petitioner by citing the decision of this Court without referring to it in detail. This approach cannot be accepted. 4 This revision is, therefore, allowed. The order in revision is quashed and set aside. A direction is issued to the learned trial Court to determine afresh as to whether the execution of the sale deed Ex.PW-3/A renders the decree in-executable or not. Needless to say that such determination shall be made in accordance with law. Parties to appear before learned trial Court on 17th June, 2008. Record, if already received, be sent back to the trial Court forthwith. All the miscellaneous applications are disposed of. Interim stay granted on 8.10.2007 is vacated. May 24, 2008 (Dev Darshan Sud) (aks) Judge.