Supreme Court of India
Hindustan Petroleum Corporation Ltd. v. Ajay Bhatia
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
The Appeal relating to the SLP (C) No.20718 of 2021 and the Appeal relating to SLP (C) No.20737 of 2021 are allowed. The impugned judgment and order is set aside. The Executing Court shall decide the Execution Applications and all related applications afresh, in the light of the observations made above by appointing a Revenue Officer as Local Commissioner to demarcate Plot No. 4/4 and make over possession of the said plot to the Respondent. Any excess land of which possession may have been taken, whether of Plot No.4/5 or any land belonging to the Delhi Government shall be restored to the Appellant. The mesne profits as directed by the Trial Court shall be computed in terms of the decree of the Trial Court, as modified by the High Court, i.e., with effect from 1st March 2006 till relinquishment by the Appellant of possession of the suit property.
Judgment, 56
From the headnote
Decree – Execution of – Held: decree should not to the extent practicable be allowed to be defeated – At the same time, a decree can only be executed in respect of the suit property if the suit property is easily identifiable – The extent of the suit property would have to be determined by the Executing Court, as a question relating to execution, discharge or satisfaction of the decree – In the present case, the suit was in respect of Plot No. 4/4 – Respondent cannot take possession of any part of Plot No. 4/5 or any other plot in execution of the decree in the suit which is only in respect of Plot No. 4/4.
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