May 6, 2019:

The Supreme Court has held that execution proceedings even though they are proceedings in a suit, cannot be considered to be a continuation of the original suit.

 

A benh of Justice Lalit and Justice Malhotra has passed the judgment in the case titled Karnataka Housing Board vs K. A. Nagamani on 06.05.2019.

 

The Supreme Court observed "Execution proceedings are separate and independent proceedings for execution of the decree. The merits of the claim or dispute, cannot be considered during execution proceedings. They are independent proceedings initiated by the decree holder to enforce the decree passed in the substantive dispute".

 

It affirmed the earlier views of some High Courts by saying "We affirm the view taken by the Full Bench of the Andhra Pradesh High Court and Patna High Court".

 

A Full Bench of the Patna High Court in Masomat Narmada Devi & Anr. v. Nandan Singh & Ors. AIR 1987 Pat 33 has similarly held that execution proceedings cannot be regarded as a continuation of the Suit.

 

A Full Bench of the Andhra Pradesh High Court in Guntupalli Rama Subbayya v. Guntupalli Rajamma, had held that execution Proceedings cannot be regarded as continuation of the suit in the sense in which the proceedings in appeal are treated.

 

Read the judgment here:

 

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