Himachal Pradesh High Court: The Bench of Sandeep Sharma, J. hearing a revision petition against an order of District Judge, held that an executing Court cannot go beyond the judgment passed by a Court in appeal.
In the present case, respondent’s land was acquired for construction of a road and he was awarded compensation for the same in terms of a judgment of this Court (in RFA Nos. 282 of 2000 and 44 of 2002). He filed an execution petition in District Court for execution of the order awarding compensation. The State – petitioner herein – filed an objection against the execution of the said petition, but the same was not accepted and the execution petition was allowed. Aggrieved thereby, the State filed the instant revision petition praying to set aside the impugned order and to make a fresh calculation of compensation.
The Court held that there was no illegality or infirmity in the impugned order passed by the District Judge. The calculation of compensation to be awarded to the respondent was in terms of the judgment delivered in RFAs referred to above. Therefore, the District Court, sitting as an executing Court, could not have gone beyond the judgment or decree passed in RFA.
However, in order to bring more clarity, the Court directed District Judge to pass a fresh order which shall be a speaking order, detailing the calculations based upon the verdict rendered by this court in the aforesaid RFAs, to remove any ambiguity.
The petition was disposed of in terms of the aforesaid directions.[State of Himachal Pradesh v. Sewak Ram, 2018 SCC OnLine HP 1851, decided on 20-12-2018]