High Court

Legal Reasoning

1IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD136 CIVIL APPLICATION NO.11864 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11865 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO.11866 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11867 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11868 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11869 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11870 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11871 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11872 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11873 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11874 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11875 OF 2024IN WP/2864/2014 ca 11864.24(136) 2WITHCIVIL APPLICATION NO. 11876 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11877 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11878 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11879 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11880 OF 2024IN WP/2864/2014WITHCIVIL APPLICATION NO. 11881 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11882 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11883 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11884 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11885 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11886 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11887 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11888 OF 2024IN WP/2864/2014 ca 11864.24(136) 3WITHCIVIL APPLICATION NO. 11889 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11890 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11891 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11892 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11893 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11907 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11909 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11910 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11911 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11912 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11913 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11914 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11915 OF 2024IN WP/2864/2014 ca 11864.24(136) 4WITHCIVIL APPLICATION NO. 11916 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11917 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11918 OF 2024IN WP/2864/2014 WITHCIVIL APPLICATION NO. 11919 OF 2024IN WP/2864/2014 ...CORAM:P. B. GHUGEREGISTRAR (JUDL)DATED: 11/11/20241.These civil applications are taken out by invoking provisionsunder Rule 23 and 24 of Chapter XVII of the High Court Appellate SideRules, 1960 (for short “Rules 1960”) to transmit the order dated13.08.2014 passed in Writ Petition No. 2864/2014 to the learned CivilJudge, Senior Division, Majalgaon, for execution.2.Heard the learned advocate for applicants. He submits thatthere is complete non-compliance of order passed in Writ Petition No.2864/2014 and therefore, in view of Chapter XVII Rule 24 of the Rulesca 11864.24(136) 51960 the execution petition viz. Exhibit-C, be transmitted to the CivilCourt.3.Having regard to the grounds set out in the applications andsubmission across the bar, I have given anxious thought to the ordersplaced on record. It is evident from the record that the Hon'ble DivisionBench vide order dated 13.08.2014 in Writ Petition No. 2864/2014directed respondents to declare the award under Section 28A of the LandAcquisition Act, as expeditiously as possible, preferably within a periodof four months from the date of order and disburse payment of theamount of compensation in terms of said Award. The respondents thoughhave passed the award but have failed to comply with the said order asregards to disbursement of compensation.4.Finally, having not complied with order as directed therein,the applicants have moved the present civil applications to transmit theorders along with Execution Petition (viz. Exhibit-C) to the Civil Judge,Senior Division, Majalgaon as the respondents have their office withinjurisdiction of the said Court.5.In this background, reference to Chapter XVII, Rules 23 and24 of the Rules 1960 needs to be made. Rule 23 reads thus:-ca 11864.24(136) 623. Execution of order or decree on Original Side. - Any order or decree in a Civil Application under Article 226 of the Constitution passed on the Appellate Side and the non-satisfaction of which has been reported to the State Government under the preceding rule may be transmitted to the Original Side of this Court for execution and, if so transmitted, shall be executed in accordance with the procedure prescribed for execution of decrees and orders in the exercise of the Ordinary Original Civil jurisdiction of this Court. [Explanation – An order or decree in a Civil Application under Article 226 of the Constitution of India, decided at the Benches at Nagpur, Aurangabad and Panaji will be transmitted to the Court of competent civil jurisdiction for execution.]24. Application for transmission of order or Decree to Original Side or any other Court for execution - (i) Every application for transmitting the order or decree to the Original Side of this Court for execution or for transmitting the order or decree to any other Court for execution under section 39 of the Code of Civil Procedure shall be supported by an affidavit of the applicant and shall be accompanied by a certified copy of the orderor decree. (ii) Applications under the above sub-rule shall be heard and disposed of by the Registrar.(iii) The Registrar, when transmitting the decree or order, shall send all the documents necessary to be sent under provisionsof Order XXI, Rule 6 of the Code of Civil Procedure and such other documents as he may deem necessary to the Court to which the decree or order aforesaid is transmitted for execution. Such documents, except when the transmission is to the Original Side ofthis Court, may be sent directly by Registered Post to the Court concerned.6.In addition to this, the Hon'ble parent High Court in thecase of Madhavrao Krishnarao Zade vs. State of Maharashtra and others,[2012(1) Mh.L.J. 792], had occasion to deal with an identical issue,wherein it is ruled that execution of an order or Decree under Article 226ca 11864.24(136) 7of the Constitution of India, decided at the Benches of High Court atNagpur, Aurangabad and High Court at Goa, Panaji should be transmittedto the appropriate Civil Court of competent jurisdiction for execution.7.Taking into consideration the aforesaid non-compliance oforders by the respondents coupled with provision under Chapter XVIIRule 24 and proposition of law in Madhavrao (supra), it is a fit case totransmit execution to Court of original jurisdiction viz. Civil Judge, SeniorDivision, Majalgaon by virtue of Section 39 of the Code of CivilProcedure. In turn, I pass the following order.ORDERA.These Civil Applications be transmitted to the Court of CivilJudge, Senior Division, Majalgaon for execution by virtue of Chapter XVIIRule 23 and 24 of the Bombay High Court Appellate Side Rules, 1960read with Section 39 of the Code of Civil Procedure.B.The office shall send all the documents necessary, moreparticularly “Exhibit-C”, along with all relevant orders as per theprovisions under order 21 Rule 6 of the Code of Civil Procedure to theexecuting Court.REGISTRAR (JUDL)ca 11864.24(136)