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Ananda Chandra Panda (Dead) through LRs. v. The Collector, Keonjhar & Another

Civil Appeal · 2026 INSC 91Decided 22 Jan 2026
Civil Appeal No. 1920 of 2011
Justice B.V. Nagarathna · Justice Ujjal Bhuyan

Background

After a 1994 civil suit and a 1999 partial appellate victory over a plot of land, the decree-holder's possession was formally delivered in 2006 to the State's satisfaction, with the State filing a "no objection" memo at the time. Months later, in November 2006, the State suddenly applied under Section 47 CPC to set aside that delivery, claiming the wrong plot had been handed over. The trial court allowed this in 2007; the Orissa High Court upheld it in 2010.

Decision Breakdown

The Supreme Court held that Section 47 CPC questions must be raised during the pendency of execution proceedings, not after the decree has already been satisfied with no objection. Since the State itself had filed a "no objection" memo at the time of delivery, it was estopped from later challenging it: a party cannot "approbate and reprobate." Both the 2007 and 2010 orders were set aside, restoring the original delivery of possession to the appellant's heirs.

Lesson Learnt

Once a court decree has been executed to everyone's satisfaction with no objection raised at the time, a party, including the government, generally cannot come back later to challenge it; objections must be raised while execution is still pending.

Official source (sci.gov.in)View Judgment (PDF)

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