IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION No. 180 OF 2026
(Dr. Neela Gokhale J.)
Decided on 17.04.2026
M/S ASIATIC ESTATE DEVELOPMENTS & Anr. .. PETITIONERS
VERSUS
FRANCIS D’SOUZA & Ors. .. RESPONDENTS
CPC – Executing Court cannot travel beyond the Judgment, Order and Decree passed by the Civil Court
Held
It is clear that the Civil Court was concerned only with the issues framed in the suit. There is no issue framed relating to any reciprocal performance of the contract by the Petitioner in lieu of the transfer of flat Nos. G1 and G2 in Block 4 of the said project in favour of the Respondents. The finding of the Executing Court that the said Court cannot travel beyond the Judgment, Order and Decree passed by the Civil Court is valid.
By the Judgment and Order passed by the Civil Court, it is only the Petitioner who has been directed to convey the said flats in favour of the Respondents. If the Petitioner was aggrieved by the omission of the Civil Court to decide upon an issue relating to the performance of the contract by the Respondent, his remedy lies elsewhere. (para 9 and 10)
FACTS
The Suit stands partly decreed – Consequently, Petitioners are ordered to convey and transfer in favour of the Respondent two flats bearing no.G1 and G2 In block B4 of the project known as Paraiso De Praia situated at Sauta Wada, Calangute, Bardez Goa, complete in all respects in terms of specification and description in the schedule annexed to the said agreement dated 12.9.92 and to pay to the plaintiffs a sum of Rs.82,606/- as being the balance consideration and the defendants, their agents, servants, representative or any other person acting for and on their behalf are restrained from transferring or parting with the possession of the said flat bearing no.G1 and G2 in block B4 of the project known as Paraiso De Praia situated in the property bearing survey no.230/1.
The Respondents, Decree Holder filed execution proceedings before the Ad-hoc Civil Judge Senior Division, ‘B’ Court at Mapusa, North Goa, Goa, in Special Execution Application No.15/2013/B. The Judgment Debtor, i.e. the Petitioner herein, made an application in the Execution Proceedings raising the question as regards the transfer of property bearing Survey No. 230/5 of Village Calangute by the Decree Holder in his favour, based on the agreement dated 12 September 1992, with respect to performance by the Respondent of their part of the contract.
According to the Petitioners, the Respondent had not performed his part of the contract and was therefore unable to act in aid of the Judgment, Order, and Decree passed by the learned Civil Court. Hence he made an application before the Executing Court as stated hereinabove under Section 47 of CPC. The same was rejected;
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