SHASHTRI BHAKTIPRIYADASJI GURU UTTAMPRIYADASJIversusBALABHAI MANJIBHAI VAGHRI
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- C DOSHI
Holding
The revision is disposed, and the matter is remanded to the trial court to decide the execution afresh in accordance with Section 47 CPC and the Supreme Court precedent.
Summary
The applicant filed a revision against a trial court order that dismissed an execution proceeding on the ground that the decree pertained to a prohibitory injunction and could not be executed for possession of the suit premises. The High Court held that this dismissal conflicted with established law, noting that objections in execution are limited to those under Section 47 of the Code of Civil Procedure, 1908. Consequently, the Court remanded the matter to the trial court to reconsider the execution afresh, allowing both parties to present their submissions, and directed the trial court to decide within one year. The Court also instructed the trial court to follow the Supreme Court’s decision in Periyammal (Dead) Through Legal Representatives & Ors. v. V. Rajamani (2025) 9 SCC 568. All substantive rights of the parties remain open.
Issues considered
- Whether the trial court erred in dismissing the execution on the basis that the decree for a prohibitory injunction cannot be executed for possession.
- Whether objections to execution proceedings can be entertained beyond the scope of Section 47 of the CPC, 1908.
- Whether the matter should be remanded for a fresh determination of the execution proceedings.
Legislation cited
Subjects
Judgment
C/CRA/583/2025 ORDER DATED: 17/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 583 of 2025
=====================================================
SHASHTRI BHAKTIPRIYADASJI GURU UTTAMPRIYADASJI
Versus
BALABHAI MANJIBHAI VAGHRI & ORS.
=====================================================
Appearance:
SR. ADV. MS. MEGHA JANI assisted by MS KRISHA M.
BHIMANI(12795) for the Applicant(s) No. 1
MR.MRUDUL M BAROT(3750) for the Opponent(s) No. 1,2,3,4,5
=====================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 17/02/2026
ORAL ORDER
1. Heard learned Counsel Ms. Megha Jani assisted by
learned advocate Ms. Krisha M. Bhimani appearing for the
applicant and learned advocate Mr. Mrudul M. Barot appearing
for the respondents.
2. This is a revision against the oreder at Annexure-A,
whereby learned executing Court, taking a hypertechnical
approach, has dismissed the execution by order dated
15.07.2025 on the ground that the decree, which is sought to be
executed by the decree holder is in regards to the prohibitory
injunction, whereas in the execution, the decree holder is asking
for the possession of the suit premises, which is not a part of the
decree.
3. According to this Court, the impugned order, prima-
facie found to be in defiance of the settled principle of law, but
Page 1 of 2
C/CRA/583/2025 ORDER DATED: 17/02/2026
without delving further into the merits of the case, I find that it
would be just and appropriate to remand the matter back to the
learned trial Court to decide the regular execution afresh in
accordance with law, permitting both the parties to lead their
submissions.
4. It is also to be considered that, in execution
proceedings, the objection, which can be entertained is only
under Section 47 of the Code of Civil Procedure, 1908, if any, by
the judgment debtor. No other objection can be entertained.
5. Accordingly, this revision stands disposed of with the
direction that the learned Court below shall decide the execution
proceedings on its own merit, as early as possible, preferably
within a period of One year from the date of receipt of this order.
6. The learned Court below is also directed to follow the
command of the Apex Court in the judgment of Periyammal
(Dead) Through Legal Representatives & Ors. v. V. Rajamani
and Anr., reported in (2025) 9 SCC 568.
7. Needless to say that, all the contentions are rights of
the parties are kept open.
(J.C. DOSHI, J.)
Raj
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJ SUBHASH DHOBI(HC01779), Private Secretary, at High Court of Gujarat on 17/02/2026 18:22:45
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.