SHANKAR LAL GUPTA vs SMT. RAJESHWARI DEVI

Court
Jharkhand High Court







( 2026:JHHC:26772 )


IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No.1192 of 2025
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1. Shankar Lal Gupta, aged about 47 years, S/o Late Mohan Lal
Gupta;

2. Vikash Kumar Gupta, aged about 44 years, S/o Late Mohan Lal
Gupta;
Both residents of Dalpatti, Church Road, Ranchi, P.S.-Previously
Lower Bazar now Daily Market, P.O.-G.P.O., District-Ranchi,
Jharkhand, PIN-834001.
… Petitioners
Versus

Smt. Rajeshwari Devi, wife of Late Sheo Prasad Gupta, Resident of
Main Road, Near Public Urdu Library, P.O. & P.S.-Lower Bazar,
District-Ranchi, Jharkhand, PIN-834001.
…
Opposite Party
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For the Petitioners : Mr. Pratyush Kumar, Advocate
: Mr. Vishwajeetjee Chaturvedi, Advocate
: Mr. Taru Gupta, Advocate
: Mr. Prashant Kumar, Advocate
For the OP : Mr. Amar Kr. Sinha, Sr. Advocate
: Mr. Sachin Verma, Advocate
: Mr. K.K. Ambastha, Advocate
: Mr. Abdul Wahab, Advocate
: Mr. Sumit Kumar, Advocate
: Mr. Ayush Raj, Advocate
: Mr. Ujjal Chatterjee, Advocate
------
P R E S E N T
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.
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2. This Civil Miscellaneous Petition has been filed invoking the
jurisdiction of this Court under Article 227 of the Constitution of India
with the prayer to quash and set aside the order dated 22.11.2025 passed
by the learned Civil Judge, Senior Division-XIV, Ranchi in MCA No.859 of
2024 arising out of Execution Case No.35 of 2023 whereby and where
under the learned Civil Judge, Senior Division-XIV, Ranchi dismissed the
petition filed by the petitioners under Order XXI, Rules 97, 99 & 101 of the
Code of Civil Procedure consequent upon the failure of the petitioners to
show any convincing document in order to show their interest; within the
purview of the said provision and also did not accede to the prayer of the
petitioners to exercise its power under Section 151 of CPC in view of the
express provision provided under Order XXI of the CPC.

3. Learned counsel for the petitioners fairly submits that the learned
Court below has formulated the following questions in the said in MCA
No.859 of 2024: -
(a) Whether the executing court can go beyond the decree?
(b) Whether the petitioners are resisted and obstructed by DHr
and are having right, title and interest in the decretal
property?


4. At the outset, a preliminary objection was raised by the learned
Senior counsel for the opposite party regarding maintainability of the
appeal.
5. Learned senior counsel for the opposite party submits that since the
application has been adjudicated in exercise of the power vested by Order
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XXI, Rule 98 of the Code of Civil Procedure; in view of Order XXI, Rule
103 of the Code of Criminal Procedure, the impugned order has the same
force as that of a decree and hence be subject to same condition as to an
appeal, so an appeal will lie against the impugned order, therefore, the
application invoking the jurisdiction of this Court under Article 227 of the
Constitution of India is not maintainable.

6. Learned counsel for the petitioners relies upon the judgment of the
Hon’ble Supreme Court of India in the case of Sameer Singh & Another
vs. Abdul Rab and Others reported in (2015) 1 SCC 379 , and submits that
in para-26, the Hon’ble Supreme Court of India has held that the Rule 103
of Order XXI clearly stipulates that when an application is adjudicated
upon under Rule 98 or Rule 100, the said order shall have the same force
as if it was a decree and if an executing court only expresses its inability to
adjudicate by stating that it lacks jurisdiction, then the status of the order
has to be different and in the facts of that case as the executing court has
expressed an opinion that it has become functus officio and hence, it cannot
initiate or launch any enquiry, the appellants had invoked the jurisdiction
of the High Court under Article 227 of the Constitution of India.

7. Learned counsel for the petitioners next submits that since the
executing court has answered the first question for determination by
holding that the executing court cannot go beyond the decree and has not
recorded any evidence of the parties, it amounts to the lack of jurisdiction
of the executing court, hence, it is submitted that this C.M.P. invoking the
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jurisdiction of this Court under Article 227 of the Constitution of India is
maintainable.
8. Learned senior counsel for the opposite party, in this respect, relies
upon the judgment of the Hon’ble Supreme Court of India in the case of
Silverline Forum Pvt. Ltd. vs. Rajiv Trust and Another 1998
reported in
SAR (Civil) 288 , paragraph-14 of which reads as under:-
14. It is clear that the executing court can decide
whether the resister or obstructor is a person bound by the
decree and he refuses to vacate the property. That question
also squarely falls within the adjudicatory process
contemplated in Order 21 Rule 97(2) of the Code. The
adjudication mentioned therein need not necessarily involve a
detailed enquiry or collection of evidence. The court can make
the adjudication on admitted facts or even on the averments
made by the resister. Of course, the court can direct the
parties to adduce evidence for such determination if the court
deems it necessary. (Emphasis supplied)

and submits that therein it has categorically been mentioned that
the adjudication contemplated under Order XXI, Rule 97(2) of the Code of
Civil Procedure need not necessarily involved a detailed enquiry or
collection of evidence, but still, it can be an adjudication under Order XXI,
Rule 98 of the Code of Civil Procedure; so there is no force in the
contention of the petitioner, that merely because no evidence has been
recorded, the same will not be an adjudication under rule 98 of the order
XXI, of the Code of Civil Procedure.
9. Having heard the rival submissions made at the Bar and after
carefully going through the materials available in the record, it is
pertinent to mention here that it is a settled principle of law that an
executing court cannot go beyond the decree and the same is also fairly
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submitted by the learned counsel for the petitioners, so the main question
in controversy between the parties was the question no.(b) and the same
has been answered by the learned Executing Court by holding that the
petitioners herein who were also the petitioners before the learned
Executing Court could not show any convincing document in order to
show their interest within the purview of Order XXI, Rule 97, 99 & 101 of
the Code of Civil Procedure, hence, in the considered opinion of this
Court, this is not a case where the Executing Court has expressed its
inability to adjudicate rather it has adjudicated and gave a finding against
the petitioners, albeit without recording an evidence. So, in view of the
Silverline Forum Pvt. Ltd.
principle of law settled in both in the case of
vs. Rajiv Trust and Another (supra) and Sameer Singh & Another vs.
Abdul Rab and Others (supra), since an adjudication has been made
under Order XXI Rule 98 of the Code of Civil Procedure, the impugned
order shall have the same force as if it is a decree and an appeal will lie.
Therefore, this Court is not inclined to exercise its power under Article
227 of the Constitution of India in this case.

10. Accordingly, this C.M.P., is dismissed being not maintainable.

11. In view of the dismissal of this C.M.P., the interim relief granted, if
any, is vacated.
12. Registry is directed to intimate the Court concerned forthwith.
(Anil Kumar Choudhary, J . )
High Court of Jharkhand, Ranchi
rd
Dated the 03 of September, 2026
AFR/ Abhiraj

Uploaded on 08/09/2026

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