MOHANLAL GUPTA Vs. RADHESHYAM GUPTA

JUDGEMENT

(1.) The petitioner/ defendant/ judgment debtor, has filed this petition being aggrieved by the order dated 7.7.12 Annex.P/13 and the order dated 25.7.12 Annex.P/14 passed by the II Civil Judge Class-II, Amarpatan District Satna in Execution Case No.17-A/05 whereby his applications for re-appointment of Commissioner and call the fresh report of the disputed place and the application for calling the earlier Commissioner for his cross-examination in connection of his report respectively, have been dismissed.

(2.) The petitioner/ judgment debtor in execution proceeding of the impugned decree has filed the objection against the Commissioner's report of the disputed place submitted by Shri Vishwajeet Kushwaha, the Sub Engineer of Nagar Panchayat Amarpatan and prayed for appointment of some new Commissioner and call the fresh Commissioner report of the disputed place.

(3.) It is undisputed fact that the decree under execution has got finality between the parties in the original suit and the same is being executed by the decree holder in accordance with its terms and spirit. It is settled proposition of law that the executing court has no right or authority to go beyond the decree and examine the merits and demerits of such decree or decide the description and boundaries or the measurement of the property because such question were raised and decided in the original suit or in its appeal. As such the same could not be a subject matter of the execution.