SUPREME COURT OF INDIA | N. V. Ramana, Mohan M. Shantanagoudar & Ajay Rastogi, JJJ. S. Bhaskaran v. Sebastian, C.A. No. 7800 of 2014 13-09-2019
The Code of Civil Procedure, 1908 – Section 47 – An executing court cannot travel beyond the order or decree under execution.
In the present case, the Trial Court had already considered the evidence on record and given a finding that the Appellant and his uncle were the trustees of the temple. Notably, U was a party to this suit and had contested it by filing a written statement, claiming to be the eldest son of S. However, at that time, he did not put forth any objections to the heir certificate of S, which was considered by the Trial Court while arriving at its finding. This judgment was confirmed by the First Appellate Court and no further appeal was preferred by the Respondents against it. In light of this, the findings of the Trial Court have become final, and U as well as the other Respondents are bound by them. By allowing them to re-open the question of trusteeship by way of an application in an execution petition, the High Court has gone beyond the decree to be executed and exceeded its revisional jurisdiction under Section 115 of the CPC.
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