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TMI Blog2017 (12) TMI 1888X X X X Extracts X X X X X X X X Extracts X X X X ..... unctus Officio status of the Trial Court - HELD THAT:- Once the decree passed by the Trial Court on 1-4-2017 has reached finality, the learned Judge, who passed the judgment and decree becomes functus officio and he cannot alter or direct any authorities to implement the decree and if somebody violated the decree passed by the Trial Court, it is always open for the decree-holder to protect his rights as per the decree in accordance with law. Unfortunately, in the present case, learned Judge proceeded to issue direction to the Joint Commissioner, BBMP, Byatarayanapura to issue katha in favour of the plaintiff in respect of the agricultural lands, for which the BBMP has no power - Once the decree reached finality, the learned Judge who passed the judgment and decree becomes/functus officio and absolutely the Trial Judge, who passed the decree has no power to issue such directions. In a judgment and decree passed by the Trial Court, utmost the Trial Judge can correct any arithmetical/clerical errors as contemplated under the provisions of Sections 152 and 153 of the Code of Civil Procedure. Beyond that, he cannot issue any directions, that too in respect of agricultural lands directin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... athnamma has reached finality. 2. After the decree passed by the Trial Court, the original plaintiff filed an application under Section 151 of the Code of Civil Procedure, 1908 for a direction to the Amruthhalli Police Station, Bengaluru North and Sub-Registrar/Tahsildar, Yelahanka, Bengaluru North Taluk for protection of the suit schedule property, contending that the suit filed by the plaintiff-Nagarathnamma was decreed by the Trial Court on 1-4-2017, restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property. Even after judgment and decree passed by the Trial Court, the defendant-Society is not allowing the plaintiff and her family members entering into the suit schedule property and the Society also taken temporary electricity connection from BESCOM in the suit schedule property illegally. Therefore, the plaintiff approached the Amruthhalli Police Station on 10-4-2017 and Sub-Registrar/Tahsildar, Yelahanka, Bengaluru North Taluk for the protection of the suit schedule property and for change of revenue records. 3. The plaintiff also filed another application under Section 151 of the Code of Civil Procedur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for. 6. I have heard the learned Counsel for the parties to the lis. 7. When the matter was posted for admission on 13-11-2017, Sri K. Suman, learned Counsel for petitioners contended that after the decree was passed on 1-4-2017 in respect of the agricultural lands bearing Sy. Nos. 9/4 and 9/3 situated at Jakkur Village, Yelahanka Hobli, Bengaluru North Taluk measuring 2 acres 11 guntas in favour of the plaintiff, the impugned orders came to be passed on 13-4-2017 and 17-7-2017 directing the Amruthhalli Police and the Deputy Commissioner of Police, North-East Division, Bengaluru (Amruthhalli Police) to provide police protection and also the Joint Commissioner, BBMP, to issue katha in respect of the suit schedule property in favour of the plaintiff contending that the decree was made by the learned Judge in respect of the agricultural lands and the impugned orders passed by the Trial Court directing the Joint Commissioner, BBMP and the Deputy Commissioner of Police to give protection to issue katha in respect of the agricultural lands in favour of the plaintiff are totally without jurisdiction. 8. Learned Counsel for the petitioners also contended that, learned Judge become functu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here is any lapses, while considering the IA's, the same may be pardoned. The explanation offered by the learned Judge, who passed the impugned orders relying upon the judgments which pertain to pending matters, is not proper and this Court is not satisfied with the explanation. Therefore, the learned Judge who passed the impugned order is directed not to repeat such mistakes and a word of caution is issued to him to be more careful in future. 13. The suit filed by the first respondent-Nagarathnamma came to be decreed on 1-4-2017. The said decree has reached finality. Once the decree has reached finality, the learned Judge who passed the decree becomes functus officio. Inspite of the same, the plaintiff filed two applications, one for police protection and another for direction to Joint Commissioner, BBMP to issue Katha and revenue records in respect of the suit schedule property in favour of plaintiff/decree-holder. 14. Unfortunately, for both the applications, learned Counsel appearing for defendants submitted no objection to allow the same. Thereby, the Trial Court proceeded to pass the impugned orders which are totally without jurisdiction. 15. Once decree is made, the lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciple of law is that once a judgment is pronounced or an order is made, a Court, Tribunal or Adjudicating Authority becomes functus officio (ceases to have control over the matter). Such judgment or order is final and cannot be altered, changed, varied or modified. It was also submitted that the Income Tax Tribunal is a Tribunal constituted under the Act. It is not a Court having plenary powers, but a statutory Tribunal functioning under the Act of 1961. It, therefore, cannot act outside or de hors the Act nor can exercise powers not expressly and specifically conferred by law. It is well-settled that the power of review is not an inherent power. The right to seek review of an order is neither natural nor fundamental right of an aggrieved party. Such power must be conferred by law. If there is no power of review, the order cannot be reviewed. 17. The Hon'ble Supreme Court in the case of State Bank of India and Others v. S.N. Goyal AIR 2008 SC 2594 : (2008) 7 SCR 631 : 2008-III-LLJ-567 (SC) : 2008 AIR SCW 4355 : (2008) 8 SCC 92 held as under: 26. It is true that once an Authority exercising quasi-judicial power takes a final decision, it cannot review its decision unless the rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir orders. Some prepare and sign the orders and communicate the same to the party concerned. A quasi-judicial authority will become functus officio only when its order is pronounced, or published/notified or communicated (put in the course of transmission) to the party concerned. When an order is made in an office noting in a file but is not pronounced, published or communicated, nothing prevents the Authority from correcting it or altering it for valid reasons. But once the order is pronounced or published or notified or communicated, the Authority will become functus officio. The order dated 18-1-1995 made on an office note, was neither pronounced, nor published/notified nor communicated. Therefore, it cannot be said that the Appointing Authority became functus officio when he signed the note dated 18-1-1995. 18. Further, the Hon'ble Supreme Court in the case of P.M. Abubakar v. State of Karnataka and Others AIR 2016 SC 5602 : 2017 (169) AIC 217 (SC) : 2017 (1) SCJ 63 : VIII (2016) SLT 39 : I (2017) CLT 123 (SC) : 2016 SCLT 1178 (Online) : 2017 (1) AKR 337 (SC) : (2017) 1 SCC 302 held as under: 38. Taking any view of the matter, therefore, we must hold that the High Court com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Code of Civil Procedure. Beyond that, he cannot issue any directions, that too in respect of agricultural lands directing the Joint Commissioner, BBMP to issue katha. Therefore, the impugned orders cannot be sustained. 20. Though the learned Counsel appearing for the decree-holder as well as the judgment-debtor sought to justify the impugned orders contending that the petitioners have no locus standi to file writ petitions, according to the petitioners they are the owners of Site Nos. 34, 35 and 37 situated at Jakkur Village, Yelahanka Hobli, Bengaluru North Taluk. It was pointed out by the learned Counsel for the first respondent-decree-holder that, nowhere in the sale deeds, the petitioners have referred to site numbers which are subject-matter of the decree. If it is so, it is for the petitioners to protect their rights in respect of their Site Nos. 34, 35 and 37 respectively, before the appropriate Competent Authority/Court. The petitioners cannot maintain the present writ petitions. 21. The petitioners brought to the notice of the Court that after the judgment and decree is passed, the learned Judge who passed the impugned orders becomes functus officio and therefore, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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