Decree is still executbale-even when JDR handover possession of land to third party to defeat the rights of D.Hr,

 

IN THE SUPREME COURT OF INDIA

 CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. ____________ OF 2023 

(Arising out of SLP(C) Nos. 12601-12602 of 2017) 

SMT. VED KUMARI (DEAD THROUGH HER LEGAL REPRESENTATIVE) DR. VIJAY AGARWAL …. APPELLANT 

VERSUS 

MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER ... RESPONDENT 

"The Executing Court could not have dismissed the execution petition by treating the decree to be inexecutable merely on the basis that the decree-holder has lost possession to a third party/encroacher. If this is allowed to happen, every judgment-debtor who is in possession of the 17 immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder’s right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.