Ananda Chandra Panda (D) v. Collector, Keonjhar 2026 INSC 91 - S.47 CPC- Execution Proceedings Concluded
S.47 CPC Application Should Be Filed During Pendency Of Execution Petition, Not After It Is Closed: SC
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Code of Civil Procedure 1908 - Section 47- All questions arising between the parties to the suit in which the decree was passed or their representatives relating to the execution discharge or satisfaction of the decree must be determined by the Court executing the decree during the pendency of the execution proceeding and not subsequently when the execution proceeding is closed and the decree has been executed to the satisfaction of the executing court. [Context: In this case, application under Section 47 was filed when the execution proceeding was concluded. SC held: The application seeking setting aside of the delivery of possession could not have been filed subsequent to the satisfaction of the decree when there was no such objection raised during the pendency of the execution proceedings.]
Case Info
Basic case details
Case name:Ananda Chandra Panda (Dead) through LRs v. The Collector, Keonjhar & Another
Coram:Hon’ble Mrs. Justice B.V. NagarathnaHon’ble Mr. Justice Ujjal Bhuyan
Judgment date:22 January 2026 (see “NEW DELHI; JANUARY 22, 2026” and the Record of Proceedings dated 22‑01‑2026).
Statutes / laws referred
Section 47 of the Code of Civil Procedure, 1908 (CPC)
