Amala Singh vs Khasgi Devi Ahilya Bai Holkar, ...
2023 Latest Caselaw 1654 ALL

Citation : 2023 Latest Caselaw 1654 ALL
Judgement Date : 16 January, 2023

Allahabad High Court

Amala Singh vs Khasgi Devi Ahilya Bai Holkar, ... on 16 January, 2023

Bench: Salil Kumar Rai




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 11763 of 2022
 

 
Petitioner :- Amala Singh
 
Respondent :- Khasgi Devi Ahilya Bai Holkar, Charities Trust
 
Counsel for Petitioner :- Arpit Agarwal
 
Counsel for Respondent :- Madhav Jain,Arvind Srivastava
 

 
Hon'ble Salil Kumar Rai,J.

Heard the counsel for the petitioner and Shri Arvind Srivastava, counsel for the respondents.

The present petition has been filed challenging the order dated 10.10.2022 passed by the Small Causes Court, Varanasi rejecting the objections of the petitioner filed under Section 47 C.P.C registering Misc.Civil Case No.80 of 2022 in Execution Case No.12 of 2020 which was filed by the respondent-landlord for execution of the decree dated 3.2.2020 passed by the trial court in SCC Case No.25 of 2015.

In his objections, the petitioner had alleged irregularities committed by the trial court in passing the decree and also the fact that S.C.C.Case No.25 of 2015 was not properly instituted by the power of attorney holder of the trust because the suit was instituted by the power of attorney appointed by the trustee and under the trust deed, it was only the settler of the trust who was empowered to appoint Power of Attorney.

The Execution Court has rejected the objections filed by the petitioner on the ground that the execution court cannot go behind the decree of the trial court and cannot test the validity of the judgment of the trial court and further no question of jurisdiction was involved so far as the legality of appointment of power of attorney was concerned, and therefore, execution court cannot consider the aforesaid objections.

I do not find any error in the orders passed by the Courts below so as to occasion interference by this Court under Article 227 of the Constitution of India. The orders have been passed after considering the relevant factors and do not suffer from any error.

The petition is dismissed.

Order Date :- 16.1.2023