HIRAMAN PRASAD Vs. RAMNI DEVI

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder order dated 14.07.2015 passed in Execution Case No. 18 of 2014 by Senior Civil Judge No.1, Hazaribagh has been assailed by which the executing court has passed an order for submission of format of deed regarding authorization of Nazir to execute sale deed on behalf of the court which has been recalled under the provision of Section 151 of the Code of Civil Procedure with a direction upon the decree holder to amend the proposed format of the sale deed and mention the caste of the decree holder/vendee and judgment debtor/vendor in the said format of the sale deed, because without mentioning caste of the decree holder/vendee and judgment debtor/vendor decree is not executable and further the decree holder has been directed to submit affidavit as to whether judgment debtor has previously obtained sanction of the Deputy Commissioner to transfer his right in his holding or a portion of his holding by sale.

(2.) Mr. Amar Kumar Sinha, learned counsel appearing for the petitioner has submitted that the executing court has transgressed its jurisdiction in passing such order as because the executing court is only required to execute the decree as per its tenor and not to deviate with the decree but the executing court has not only directed the petitioner to mention the caste of the decree holder/vendee and judgment debtor/vendor as in absence thereof holding the decree not executable, rather also directed to file affidavit with respect to the permission of sanction of Deputy Commissioner to transfer his right in his holding or a portion of his holding by sale.

(3.) None appears for the Respondent Nos. 1 to 5 although name of Mr. Jyoti Prasad Sinha is reflecting in the daily cause list as also no affidavit has been filed.