Legal Heirs Of Decd. Purshottambhai … vs Jagdishbhai Devrajbhai Desai on 6 July, 2026

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    Gujarat High Court

    Legal Heirs Of Decd. Purshottambhai … vs Jagdishbhai Devrajbhai Desai on 6 July, 2026

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                                C/SCA/7428/2026                                      JUDGMENT DATED: 06/07/2026
    
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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                    R/SPECIAL CIVIL APPLICATION NO. 7428 of 2026
    
    
                           FOR APPROVAL AND SIGNATURE:
    
    
                           HONOURABLE MR. JUSTICE MAULIK J.SHELAT                                         Sd/-
    
                           =============================================
    
                                       Approved for Reporting                       Yes           No
                                                                                     ✓
                           =============================================
                                LEGAL HEIRS OF DECD. PURSHOTTAMBHAI MANJHIBHAI
                                                KUMBHANI & ORS.
                                                      Versus
                                          JAGDISHBHAI DEVRAJBHAI DESAI
                           =============================================
                           Appearance:
                           APURVA K JANI(7057) for the Petitioner(s) No.
                           1,1.1,1.2,1.3,1.4,2,3,4
                           =============================================
    
                             CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
    
                                                               Date : 06/07/2026
    
                                                                    JUDGMENT
    

    1. The present writ petition is filed under Article 227 of the

    Constitution of India seeking following reliefs:-

    SPONSORED

    “A) This Hon’ble Court be pleased to quashing and set
    aside the Order dated 18.03.2026 (at Annexure – E)
    passed by the Ld. Trial Court and be further pleased
    to allow the present petition by allowing the
    application at Exh. 84 (At Annexure – B) as prayed for;

    B) Pending admission, hearing and final disposal, this
    Hon’ble Court may be pleased to stay further
    proceedings of Execution Petition No. 2 of 2022

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    before the Ld. Principal Sr. Civil Judge, Amreli;

    C) Any other relief which this Hon’ble Court deems fit
    in the interest of justice.”

    SHORT FACTS: –

    2. The petitioners herein are original defendants, whereas

    the respondent is the original plaintiff. For the sake of

    convenience, hereinafter, the parties will be referred to as per

    their original position in the suit.

    3. The plaintiff instituted a Special Civil Suit No.65 of 2011,

    seeking specific performance of an Agreement to Sell

    (hereinafter referred to as ATS) executed by the defendants

    on 18.10.2010. At the time of execution of ATS, part

    consideration of Rs.6 lakh was paid by the plaintiff. Since the

    defendants did not perform their part of the contract, the

    aforesaid suit was filed.

    3.1 After hearing the learned advocates appearing for the

    parties, the Trial Court, vide judgment and decree dated

    22.12.2017, partly allowed the suit in favour of the plaintiff.

    3.2 It appears that as per the operative portion of the

    judgment/decree of the Trial Court, the measurement of the

    suit property was required to be undertaken and accordingly,

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    the payment to be made by the plaintiff to the defendants. The

    defendant No.1 appears to have issued a letter dated

    8.2.2018, whereby called upon the plaintiff to deposit the

    balance sale consideration. According to the plaintiff, since all

    the defendants are residing at Mumbai and none of them have

    come forward for measurement of the suit land, he was

    unable to deposit the balance amount. As per the judgment

    and decree, after completion of measurement and

    ascertaining the area of suit land, the plaintiff was supposed

    to deposit the balance amount.

    3.3 The plaintiff appears to have filed an execution

    application against the defendants on 03.12.2022, being

    Execution Application No.2 of 2022. The defendants have

    appeared but not filed any objection at the relevant point of

    time. The execution was not progressed rather delay on the

    ground of settlement talks between the parties.

    3.4 It seems that the Executing Court, vide its order dated

    17.01.2026 passed below Exhibit-30 filed by the plaintiff,

    under Order 21 Rule 34 of CPC, directed the defendants to

    execute the sale deed within seven days from the said order.

    Accordingly, rejected objections of the defendants filed below

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    Exhibit-34. At that stage, on 6.2.2026, the defendants filed the

    impugned application below Exhibit-84 under Section 28 of

    the Specific Relief Act, 1963 (hereinafter referred to as ‘the

    Act, 1963’) in the suit. According to the defendants, since the

    plaintiff did not deposit the amount for quite a long time after

    passing of the decree and pending the execution application

    also not shown his willingness to deposit the decretal amount,

    the impugned application filed under Section 28 of the Act,

    1963, may be allowed.

    3.5 The plaintiff filed his detail reply objecting the impugned

    application wherein, in paragraph-8 of his reply, has stated

    the factual scenario happened post-decree. According to the

    plaintiff, he was all throughout ready to perform his part of

    the contract and the amount was ready with him but none of

    the defendants turned up for the measurement of the suit

    land, he could not pay/deposit the amount; rather, as a last

    recourse, he filed the execution petition. It is also stated that

    after the order passed in his application filed below Exhibit-30

    (dated 17.01.2026), whereby the plaintiff was supposed to pay

    the decretal amount before 06.02.2026, the matter was

    mentioned by the defendants to the in-charge Court and upon

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    oral order passed, the plaintiff was not permitted to act upon

    said order passed below Exhibit-30. As per the say of the

    plaintiffs, he was and is always ready and willing to deposit

    the decretal amount as he is fighting since last 15 years.

    3.6 After hearing the parties and appreciating the contention

    of the parties as well as the conduct of the defendants, the

    Executing Court vide its impugned order dated 18.03.2026,

    rejected the impugned application. Nonetheless, it has been

    observed by the Executing Court in the impugned order that

    the defendants are entitled to receive 9% interest on Rs.

    26,76,812 (principal amount) from 08.02.2018 to 03.12.2022

    when the execution application was filed, it comes to Rs.

    36,37,614/-. The aforesaid amount with interest is ordered to

    be deposited by the plaintiff within two weeks from the date of

    impugned application.

    3.7 Feeling aggrieved and dissatisfied with the order

    impugned in this petition, the defendants have preferred this

    petition.

    SUBMISSION OF THE PETITIONERS – DEFENDANTS:-

    4. Mr. Apurva Jani, learned advocate for the petitioners,

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    would submit that the Executing Court has committed

    jurisdictional error by not appreciating that there was no

    readiness and willingness on the part of the plaintiff to deposit

    the balance sale consideration after passing of the decree and

    despite calling upon the plaintiff to deposit such amount vide

    letter dated 8.2.2018 by defendant No.1, it was not deposited,

    then the defendants are entitled to relief as prayed in the

    impugned application filed under Section 28 of the Act, 1963.

    4.1 It is submitted that the Executing Court has not

    recorded its satisfaction that there was no intentional delay on

    the part of the plaintiff not to deposit the decretal amount and

    considering the fact that there is a huge delay of more than 8

    years in depositing the amount by the plaintiff, from passing

    of the decree, the impugned application ought to have been

    allowed by the Executing Court.

    4.2 It is further submitted that it was incumbent upon the

    plaintiff to get the land measured and thereafter to deposit /

    pay the decretal amount to the defendants, but having failed

    to do so and in absence of any material at least available on

    record before the Executing Court, to show his readiness and

    willingness, the impugned application ought to have been

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    allowed by the Executing Court.

    4.3 To buttress his argument, he would rely upon the

    following decisions of the Hon’ble Apex Court:-

    i. Habban Shah Vs. Sheruddin reported in 2026
    LiveLaw (SC) 466;

    ii. Ram Lal Vs. Jarnail Singh (Deced.) Through
    Lrs & Ors. reported in [2025] 2 SCR 1745 :

    2025 INSC 301;

    iii. P. Shyamala Vs. Gundlur Masthan reported in
    [2023] 3 S.C.R. 35

    4.4 Making the above submissions, Mr. Jani, learned

    advocate would request this Court to allow the present

    petition.

    5. No other and further submissions are being made by the

    learned advocate for the petitioners.

    ANALYSIS AND REASONING:-

    6. Heard Mr. Jani, learned advocate for the petitioners at

    length.

    7. Having heard Mr. Jani, learned advocate at length and

    upon perusal of the impugned order passed by the Executing

    Court, following would emerge: –

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    7.1 The plaintiff’s suit seeking specific performance of ATS

    dated 18.10.2008, was allowed by the Trial Court on

    22.12.2017. It is not in dispute that defendants have not

    challenged the aforesaid judgment and decree before the

    Appellate Court.

    7.2 Since the judgment/decree passed by the Trial Court has

    remained unchallenged, the parties are bound by it. The fair

    translation of operative portion of the aforesaid judgment of

    the Trial Court reads thus: –

    “:: ORDER ::

    (1) The present suit of the plaintiff is hereby partly allowed.

    (2) It is ordered that after the measurement of the suit property, if the
    measurement of the suit property turns out to be 1-10-28 Hectare-Are
    as mentioned in the agreement to sell (Banakhat), the plaintiff shall
    pay the remaining balance amount of Rs.26,76,812/- (Rupees Twenty-

    Six Lakh Seventy-Six Thousand Eight Hundred Twelve Only) to the
    defendant of this case. Upon such payment, the defendant is ordered
    to execute the sale deed of the suit property at the plaintiff’s expense,
    either in the name of the plaintiff or in the name of any person
    specified by the plaintiff.

    (3) It is ordered that after the measurement of the suit property, if the
    measurement of the suit property turns out to be more than the
    measurement specified in the agreement to sell (Banakhat), then as
    per the conditions of the agreement to sell, at the rate of Rs.
    4,81,000/- (Rupees Four Lakh Eighty-One Thousand Only) per 1
    Vigha, upon the plaintiff paying the calculated demanded amount to
    the defendant, the defendant is ordered to execute the sale deed of the
    suit property at the plaintiff’s expense, either in the name of the

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    plaintiff or in the name of any person specified by the plaintiff.

    (4) Simultaneous with the execution of this sale deed, the defendant is
    ordered to hand over actual and peaceful possession of the suit land
    to the plaintiff.

    (5) If the defendants do not execute the sale deed in favor of the
    plaintiff after accepting the amount as per the order, or if the
    defendants fail to comply with the aforementioned order, it is ordered
    that the sale price as per the order can be deposited in the court, and
    the execution of the order can be carried out through a Court
    Commissioner.

    (6) The alternative relief sought by the plaintiff is hereby rejected.

    (7) It is ordered that both parties shall bear their own costs.

    (8) Let the decree be drawn up accordingly as per the order.”

    7.3 As per the said final order, the suit land was required to

    be measured first; if, after such measurement, the area found

    exceeded that mentioned in ATS, the plaintiff was required to

    pay Rs. 4,81,000/ per vigha to the defendants, otherwise, the

    plaintiff was required to pay Rs. 26,76,812/. There is no time

    limit fixed by the Trial Court either for measurement or for

    making such payment by the plaintiff to the defendants.

    7.4 The defendant No.1 called upon the plaintiff vide his

    letter dated 08.02.2018 to pay/deposit the sale consideration

    as ordered by the Trial Court. At the same time, it is a specific

    case of the plaintiff in his reply to the impugned application

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    (paragraph-8) that, even though he requested the defendant

    No.1 to come forward for measurement, but none of the

    defendants have turned up for such exercise; rather, the

    defendant No.1 was communicating with plaintiff that his

    other brothers, i.e., rest of the defendants, are not agreed for

    the measurement and sought sometime, thereby things got

    delayed.

    7.5 Prima facie, the measurement of any agricultural land,

    i.e. suit land, ought to have been carried out in presence of

    their owner, i.e., defendants, as the plaintiff could not have

    measured the land in absence of the defendants. It is

    undisputed fact that all the defendants were and are residing

    at Mumbai, whereas the suit land is situated at District-

    Amreli. Thus, in absence of their presence, the measurement

    of suit land could not be possible.

    7.6 There is nothing on record to show that such contention

    of the plaintiff made in paragraph-8 of his reply is either

    denied or disputed by the defendants, inasmuch as there is

    nothing on record to suggest that in or after the year 2018,

    the defendants made themselves available at the site for

    measurement and / or approached the Revenue Authority for

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    its measurement, as the case may be. The execution

    application is filed on 3.12.2022, which itself suggests that the

    plaintiff was and is ready and willing to perform his part of

    contract, i.e., to deposit the amount subject to measurement

    can be undertaken.

    7.7 From the reply of impugned application and so also, the

    impugned order, the Executing Court has recorded the

    conduct of the defendants which suggests that after receipt of

    the notice in the execution, the defendants, in fact, consumed

    the time on one pretext or other and at one stage shown their

    willingness to settle the matter. When nothing fruitful

    materialized, the plaintiff filed an application below Exhibit-30

    under Order 21 Rule 34 of CPC, wherein the Executing Court,

    vide its order dated 17.01.2026, directed the defendants to

    execute the sale deed within week. The Executing Court vide

    its order dated 23.01.2026, directed the Court Commissioner

    to execute the sale deed, subject to plaintiff deposit a sum of

    Rs. 26,76,812/- in the Court, and the next date of hearing was

    fixed on 06.02.2026.

    7.8 The impugned order suggests that before said order

    could have been implemented, an urgent application was

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    moved by the defendants requesting the Executing Court to

    take up the matter prior to the said date, and at that stage, on

    06.02.2026 itself, the impugned application was filed by the

    defendants under Section 28 of the Act, 1963.

    8. The Executing Court has considered the entire facts of

    the case in detail and ultimately found that no case is made

    out by the defendants, whereby they can be granted any relief

    under Section 28 of the Act 1963; rather it has been

    specifically observed in the impugned order that the execution

    petition was filed on 03.12.2022, whereas the impugned

    application was filed by the defendants on 06.02.2026. It is

    also observed that subsequent to defendant No.1’s letter

    08.02.2018, what had happened, neither party has placed

    anything on record, rather remained silent. The plaintiff has

    made his stand clear in para-8 of his reply to the impugned

    application. It seems that the time spent after filing of the

    execution petition appears to be due to the talks of settlement

    going on between the parties. The fact remained that in the

    first instance, the defendants did not filed objections opposing

    the execution, which also indicates that the defendants had

    filed the impugned application as a last resort. The defendants

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    are unable to prove that there was an intentional or deliberate

    delay on the part of the plaintiff for complying with the

    decree, i.e., deposit of decretal amount. It is evident from the

    record that the plaintiff was always ready and willing to

    perform his part of the contract after passing of the

    judgement/decree, but due to non-cooperation from the

    defendants, the suit land could not have been measured,

    resulted into none deposit of the amount. It seems that after

    measurement, the area of the suit land could have been

    ascertained and accordingly, the plaintiff was required to

    deposit the amount.

    9. Thus, considering the aforesaid entire set of facts and

    circumstances of the case and so also the conduct of the

    parties, it cannot be argued by defendants that post-decree,

    the plaintiff was not ready and willing to perform his part of

    contract; rather, it was incumbent upon the defendants to

    come forward for measurement of their land and thereafter,

    could have sought for the payment or insisted for deposit of

    the decretal amount. Since none of the required acts were

    performed by the defendants, then they cannot be allowed to

    rescind the contract, especially the plaintiff has already shown

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    his willingness to deposit the amount.

    10. With respect to the decisions cited by Mr. Jani, learned

    advocate for the petitioners, this Court finds that none are

    applicable, for the following reasons.

    10.1 In the case of Habban Shah (supra), it is observed

    that in absence of any application filed under Section 28 of

    the Act, 1963, the contention of the defendants can be looked

    into. In the present case, such application was filed and

    decided, albeit against the defendants. Further, in the said

    case, the judgment/decree passed itself stipulated the time

    period for making payment of the decretal amount, which is

    not the case at hand. It appears that execution filed was

    dismissed for default. All these facts are completely missing in

    the present case.

    10.2 In the case of Ram Lal (supra), the Hon’ble Apex Court

    has held that even if there is no stipulation of time period to

    deposit the decretal amount, it would not mean that at any

    point of time, the decree holder can deposit the amount,

    rather it is incumbent upon him to deposit the amount within

    reasonable time. Again, what is the reasonable time is

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    dependent upon the facts of each case and there cannot be

    any straight jacket formula. It appears that the Executing

    Court has referred the said decision in the impugned

    judgement and accordingly awarded the interest.

    10.3 Lastly, in the case of P. Shyamala (supra), as can be

    seen from the facts of that case, recorded in para-2.1 by the

    Hon’ble Apex Court that in the decree itself, the plaintiff was

    directed to deposit the amount within stipulated time and it

    appears that he failed to deposit such amount, which is not

    the case at hand.

    11. At this juncture, I refer to and rely upon the recent

    decision of the Hon’ble Apex Court in the case of Anand

    Narayan Shukla Vs. Jagat Dhari reported in 2026 LiveLaw

    (SC) 477 : 2026 IN SC 463, wherein the Hon’ble Apex Court

    has, after revisiting the previous case law and the principles

    enunciated regarding the application filed under Section 28 of

    the Act, 1963, held thus:

    “33. Upon consideration of the provisions of Section 28 of the 1963
    Act as also the decisions noticed above, in our view, the legal
    principles, inter alia, guiding the exercise of power under Section
    28
    of the 1963 Act could be summarized as under:

    (i) A decree for specific performance of a contract is in the nature
    of a preliminary decree and therefore, till the deed is executed

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    pursuant to the decree, the Court that passed the decree is vested
    with the jurisdiction to either rescind the contract / the decree for
    non-payment/non-deposit within the stipulated period or extend the
    period for making such payment/ deposit.

    (ii) Neither there is an automatic rescission of the contract/ decree
    for non-payment/ non-deposit within the period stipulated by the
    decree, nor there is an automatic extension of time by making such
    deposit, if the stipulated period for payment/ deposit has expired.

    However, where the decree stipulates that on failure to pay /
    deposit within the specified period, the decree shall stand rescinded
    or the suit shall stand dismissed, the decree is rendered
    inexecutable on failure to pay/ deposit [P.R. Yelumalai v. N.H.
    Ravi
    , (2015) 9 SCC 52].

    (iii) Prayer to extend the time for making deposit in compliance of
    the conditions stipulated in the decree may be made prior to, or
    even after, expiry of the period stipulated therefor [Johri Singh v.
    Sukhpal Singh and others
    , (1989) 4 SCC 403].

    (iv) There is no form prescribed for making the prayer to extend the
    time to make such payment or deposit. Therefore, the prayer
    seeking permission to deposit the defaulted amount may be treated
    as one for extension of time to deposit. Such prayer may be made
    even orally while the Court seeks to address an application for
    rescission of the contract/ decree or when the decree is put for
    execution, provided the execution court is the one which passed the
    decree. However, if the decree is passed by the appellate court,
    such prayer/ application may be made before the court of first
    instance having regard to the provisions of Section 37 of CPC.
    Further, what is important is that such an application must be
    treated as an application in the suit and numbered accordingly.

    (v) As specific performance of a contract is an equitable relief,
    while considering the prayer for rescission of the contract/ decree,
    or for extension of time to make deposit in compliance of the
    decree, the Court must be guided by principles of equity. Therefore,
    while considering the prayer for extension of time to make deposit,
    to balance the equities, the Court would have to consider the
    attending facts and circumstances of the case, the conduct of the
    parties and whether, by putting the decree holder to such
    additional terms and conditions, the judgment debtor could be

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    adequately compensated for the delay.

    (vi) Though each day’s delay in deposit need not be explained as in
    an application under Section 5 of the Limitation Act, the test is
    whether from the conduct of the decree holder it could be logically
    inferred that he had no intention to complete his part of the
    contract. If it appears so, and there appears an element of willful
    negligence on the part of the decree holder in complying with the
    terms of the decree, the Court may invoke its power under Section
    28
    and rescind the contract.

    (vii) Under Order XX Rule 12 A of CPC, when a decree for specific
    performance of a contract for the sale, or lease of immovable
    property, orders that the purchase-money or other sum is to be
    paid by the purchaser or lessee, the Court must specify the period
    within which the payment shall be made. Therefore, where the suit
    for specific performance is dismissed by the trial court but decreed
    by the appellate court, or where the appeal against the decree for
    specific performance is dismissed on merits, the Court must fix the
    time within which such payment is to be made. If no time limit is
    fixed, the compliance thereof would have to be within a reasonable
    period. As to what would be the reasonable period would depend
    on facts of the case.”

    (Emphasis supplied)

    12. The law, which stands as on date, if it applies to the facts

    of the case, the Court needs to see as to whether any

    intentional delay on the part of the decree-holder in not

    depositing the decretal amount or not, as decree granting

    specific performance is an equitable relief. It has been so held

    that in a case where there is an element of willful negligence

    on the part of the decree holder in complying the terms of the

    decree, the Court may invoke its powers under Section 28 of

    the Act, 1963 and rescind the contract.

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    12.1 No such case is made out by the defendants in the

    impugned application, inasmuch as there is no willful

    negligence on the part of the plaintiff – decree holder in

    complying with the condition of the decree and or an

    intentional delay in deposit; rather as observed above, the

    defendants did not get their suit land measured, which

    ultimately resulted into delay in depositing the decretal

    amount. Moreover, they have been compensated by Executing

    Court by directing the plaintiff to pay the principal amount

    with 9% interest, whereby no fault can be found with the

    Executing Court.

    13. Thus, considering the aforesaid facts and circumstances

    and applying ratio of the case of Anand Narayan Shukla

    (supra), I am of the considered view that impugned order

    neither suffers from any irregularity and / or illegality and as

    such, the impugned order was not passed dehors the settled

    position of law.

    14. I would like to observe that this Court, while exercising

    its powers under Article 227 of the Constitution of India,

    cannot and should not interfere with the order passed by the

    Courts below merely because some another view is possible. It

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    is settled that unless any gross error of law committed or

    finding is so perverse or any egregious error committed by the

    Court below while passing order, this Court should refrain

    itself from interfering with such order merely some error of

    law committed. No such error is found in the order impugned

    in this petition.

    14.1 It would apt to refer the decision of the Hon’ble Apex

    Court in the case of Surya Dev Rai v. Ram Chander Rai

    reported in (2003) 6 SCC 675, wherein held thus:

    “22. Article 227 of the Constitution confers on every High
    Court the power of superintendence over all courts and
    tribunals throughout the territories in relation to which it
    exercises jurisdiction excepting any court or tribunal
    constituted by or under any law relating to the armed
    forces. Without prejudice to the generality of such power
    the High Court has been conferred with certain specific
    powers by clauses (2) and (3) of Article 227 with which we
    are not concerned hereat. It is well settled that the power
    of superintendence so conferred on the High Court is
    administrative as well as judicial, and is capable of being
    invoked at the instance of any person aggrieved or may
    even be exercised suo motu. The paramount consideration
    behind vesting such wide power of superintendence in the
    High Court is paving the path of justice and removing any
    obstacles therein. The power under Article 227 is wider
    than the one conferred on the High Court by Article 226 in
    the sense that the power of superintendence is not subject
    to those technicalities of procedure or traditional fetters
    which are to be found in certiorari jurisdiction. Else the
    parameters invoking the exercise of power are almost
    similar.

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    38. Such like matters frequently arise before the High
    Courts. We sum up our conclusions in a nutshell, even at
    the risk of repetition and state the same as hereunder:

    (1) Amendment by Act 46 of 1999 with effect from 1-7-

    2002 in Section 115 of the Code of Civil Procedure cannot
    and does not affect in any manner the jurisdiction of the
    High Court under Articles 226 and 227 of the Constitution.

    (2) Interlocutory orders, passed by the courts subordinate
    to the High Court, against which remedy of revision has
    been excluded by CPC Amendment Act 46 of 1999 are
    nevertheless open to challenge in, and continue to be
    subject to, certiorari and supervisory jurisdiction of the
    High Court.

    (3) Certiorari, under Article 226 of the Constitution, is
    issued for correcting gross errors of jurisdiction i.e. when
    a subordinate court is found to have acted (i) without
    jurisdiction — by assuming jurisdiction where there exists
    none, or (ii) in excess of its jurisdiction — by overstepping
    or crossing the limits of jurisdiction, or (iii) acting in
    flagrant disregard of law or the rules of procedure or
    acting in violation of principles of natural justice where
    there is no procedure specified, and thereby occasioning
    failure of justice.

    (4) Supervisory jurisdiction under Article 227 of the
    Constitution is exercised for keeping the subordinate
    courts within the bounds of their jurisdiction. When a
    subordinate court has assumed a jurisdiction which it does
    not have or has failed to exercise a jurisdiction which it
    does have or the jurisdiction though available is being
    exercised by the court in a manner not permitted by law
    and failure of justice or grave injustice has occasioned
    thereby, the High Court may step in to exercise its
    supervisory jurisdiction.

    (5) Be it a writ of certiorari or the exercise of supervisory
    jurisdiction, none is available to correct mere errors of
    fact or of law unless the following requirements are

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    satisfied: (i) the error is manifest and apparent on the face
    of the proceedings such as when it is based on clear
    ignorance or utter disregard of the provisions of law, and

    (ii) a grave injustice or gross failure of justice has
    occasioned thereby.

    (6) A patent error is an error which is self-evident i.e.
    which can be perceived or demonstrated without involving
    into any lengthy or complicated argument or a long-drawn
    process of reasoning. Where two inferences are
    reasonably possible and the subordinate court has chosen
    to take one view, the error cannot be called gross or
    patent.

    (7) The power to issue a writ of certiorari and the
    supervisory jurisdiction are to be exercised sparingly and
    only in appropriate cases where the judicial conscience of
    the High Court dictates it to act lest a gross failure of
    justice or grave injustice should occasion. Care, caution
    and circumspection need to be exercised, when any of the
    abovesaid two jurisdictions is sought to be invoked during
    the pendency of any suit or proceedings in a subordinate
    court and the error though calling for correction is yet
    capable of being corrected at the conclusion of the
    proceedings in an appeal or revision preferred
    thereagainst and entertaining a petition invoking
    certiorari or supervisory jurisdiction of the High Court
    would obstruct the smooth flow and/or early disposal of
    the suit or proceedings. The High Court may feel inclined
    to intervene where the error is such, as, if not corrected at
    that very moment, may become incapable of correction at
    a later stage and refusal to intervene would result in
    travesty of justice or where such refusal itself would result
    in prolonging of the lis.

    (8) The High Court in exercise of certiorari or supervisory
    jurisdiction will not convert itself into a court of appeal
    and indulge in reappreciation or evaluation of evidence or
    correct errors in drawing inferences or correct errors of
    mere formal or technical character.

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    (9) In practice, the parameters for exercising jurisdiction
    to issue a writ of certiorari and those calling for exercise
    of supervisory jurisdiction are almost similar and the width
    of jurisdiction exercised by the High Courts in India unlike
    English courts has almost obliterated the distinction
    between the two jurisdictions. While exercising
    jurisdiction to issue a writ of certiorari, the High Court
    may annul or set aside the act, order or proceedings of the
    subordinate courts but cannot substitute its own decision
    in place thereof. In exercise of supervisory jurisdiction the
    High Court may not only give suitable directions so as to
    guide the subordinate court as to the manner in which it
    would act or proceed thereafter or afresh, the High Court
    may in appropriate cases itself make an order in
    supersession or substitution of the order of the
    subordinate court as the court should have made in the
    facts and circumstances of the case.”

    (Emphasis supplied)

    14.2 It would also be apt to refer the decision of the Hon’ble

    Apex Court in the case of M/s Garment Craft v. Prakash

    Chand Goel, reported in (2022) 4 SCC 181 (Para 15 and

    16)], whereby the Hon’ble Apex Court held as under:-

    “15. Having heard the counsel for the parties, we are
    clearly of the view that the impugned order [Prakash
    Chand Goel v. Garment Craft
    , 2019 SCC OnLine Del
    11943] is contrary to law and cannot be sustained for
    several reasons, but primarily for deviation from the
    limited jurisdiction exercised by the High Court under
    Article 227 of the Constitution of India. The High Court
    exercising supervisory jurisdiction does not act as a court
    of first appeal to reappreciate, reweigh the evidence or
    facts upon which the determination under challenge is
    based. Supervisory jurisdiction is not to correct every
    error of fact or even a legal flaw when the final finding is
    justified or can be supported. The High Court is not to

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    substitute its own decision on facts and conclusion, for
    that of the inferior court or tribunal. [Celina Coelho
    Pereira v. Ulhas Mahabaleshwar Kholkar
    , (2010) 1 SCC
    217 : (2010) 1 SCC (Civ) 69] The jurisdiction exercised is
    in the nature of correctional jurisdiction to set right grave
    dereliction of duty or flagrant abuse, violation of
    fundamental principles of law or justice. The power under
    Article 227 is exercised sparingly in appropriate cases,
    like when there is no evidence at all to justify, or the
    finding is so perverse that no reasonable person can
    possibly come to such a conclusion that the court or
    tribunal has come to. It is axiomatic that such
    discretionary relief must be exercised to ensure there is
    no miscarriage of justice.

    16. Explaining the scope of jurisdiction under Article 227,
    this Court in Estralla Rubber v. Dass Estate (P) Ltd.
    [Estralla Rubber
    v. Dass Estate (P) Ltd., (2001) 8 SCC 97]
    has observed : (SCC pp. 101-102, para 6)

    “6. The scope and ambit of exercise of power and
    jurisdiction by a High Court under Article 227 of the
    Constitution of India is examined and explained in a
    number of decisions of this Court. The exercise of
    power under this article involves a duty on the High
    Court to keep inferior courts and tribunals within the
    bounds of their authority and to see that they do the
    duty expected or required of them in a legal manner.
    The High Court is not vested with any unlimited
    prerogative to correct all kinds of hardship or wrong
    decisions made within the limits of the jurisdiction of
    the subordinate courts or tribunals. Exercise of this
    power and interfering with the orders of the courts or
    tribunals is restricted to cases of serious dereliction of
    duty and flagrant violation of fundamental principles
    of law or justice, where if the High Court does not
    interfere, a grave injustice remains uncorrected. It is
    also well settled that the High Court while acting
    under this Article cannot exercise its power as an
    appellate court or substitute its own judgment in
    place of that of the subordinate court to correct an

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    error, which is not apparent on the face of the record.
    The High Court can set aside or ignore the findings of
    facts of an inferior court or tribunal, if there is no
    evidence at all to justify or the finding is so perverse,
    that no reasonable person can possibly come to such a
    conclusion, which the court or tribunal has come to.”

    (Emphasis supplied)

    15. Since this Court is not inclined to interfere with the

    impugned order, if the execution of the sale deed is still

    pending for any reason, the Executing Court shall see to it

    that same shall be executed at the earliest and execution

    petition shall be disposed of at the earliest. (See:-

    Periyammal (Dead) Through Lrs Vs. V Rajamani reported

    in 2025 (9) SCC 568).

    16. At this stage, Mr. Jani, learned advocate for the

    petitioner, would request this court that liberty may be

    granted in favour of the petitioner to move an appropriate

    application seeking relief to get interest from 08.02.2018 until

    the date of actual deposit, as according to him, as per the

    decision of the Hon’ble Apex Court in the case of Ram Lal

    (supra), the petitioner is entitled to receive interest until the

    actual amount is deposited.

    16.1 Since the petitioners are not inviting any reasons from

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    this Court on the issue of period of interest, liberty is reserved

    in favour of the petitioner to file an appropriate application

    seeking appropriate reliefs as regards to receive interest from

    08.02.2018 until the date of actual deposit. At this stage, I am

    not expressing my opinion on this issue. The Executing Court

    may examine the aforesaid issue after hearing the parties.

    CONCLUSION:-

    17. In view of the foregoing reasons, I do not find any merit

    in this petition which requires to be dismissed. Accordingly, it

    is hereby dismissed with no order as to costs.

    Sd/-

    (MAULIK J.SHELAT,J)
    Lalji Desai

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