In a significant ruling, the Rajasthan High Court has reinforced the powers of civil courts to ensure compliance with their decrees, particularly in cases where successful litigants are unlawfully dispossessed after years of litigation. The order came in response to a civil revision petition challenging the execution of a two-decade-old decree concerning agricultural land in Sri Ganganagar.
The dispute dates back to 1995 when late Chunnilal filed a suit for declaration and permanent injunction against the defendants, including the petitioner Naurang, seeking protection of his possession over 8 bighas of agricultural land. The trial court partly decreed the suit in 1999, restraining the defendants from interfering with the plaintiff’s possession until the conclusion of allotment proceedings. After a series of appeals, the High Court restored the trial court’s decree in 2013.
Nearly ten years later, the legal heirs of Chunnilal initiated execution proceedings, alleging that the petitioner had forcibly taken possession of the land with the help of anti-social elements. The judgment-debtor objected, claiming the decree was merely injunctive and did not allow restoration of possession through execution.
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Justice Farjand Ali, however, dismissed the revision petition, emphasizing that an executing court is not powerless when a decree is deliberately violated. The court referred to Order XXI Rule 32(5) of the Code of Civil Procedure, which enables executing courts to take necessary steps, including restoring possession, if a prohibitory injunction is flouted.
If, in defiance of the decree, possession is forcibly taken, the concept of injunction equally encompasses the authority to expel and restore the rightful party, observed the court. It further noted that requiring the decree-holder to file a fresh suit for possession would be unjust after years of litigation.
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The ruling underscores the court’s duty to protect the sanctity of its orders and ensure that decrees are not rendered meaningless by unlawful acts. The revision was found devoid of merit and dismissed, providing much-needed relief to the decree-holders.
Case Title: Naurang vs. LRs of Late Chunnilal & Others
Case No.: S.B. Civil Revision Petition No. 145/2025
