Holding

An executing court cannot vary the terms of a decree and must execute it strictly as it stands, unless the decree is a nullity.

Summary

The appeal concerned the execution of a compromise decree dated 14 July 2017 that divided a 51‑R plot of land between the parties. The defendant, as decree holder, obtained an order from the executing court that altered the portions of land allotted to each party, citing impracticalities such as non‑conforming constructions and prior sale of a portion. The defendant sought further modification of that order on review, which was allowed, prompting the plaintiff‑appellant to challenge both the original and review orders before the High Court, which dismissed the writ petition. The Supreme Court examined whether an executing court may vary the terms of a decree under Section 47 of the CPC. Relying on precedents that an executing court must give effect to the decree as it stands unless the decree is a nullity, the Court held that the modifications exceeded the court’s jurisdiction. Consequently, the orders altering the decree were set aside and the appeal was allowed, directing the execution court to implement the decree exactly as written.

Issues considered

Whether the executing court has jurisdiction to modify the terms of a compromise decree during execution under Section 47 of the Code of Civil Procedure, 1908.
Whether the lack of conformity of the land with the sanctioned map or prior sale of a portion justifies alteration of the decree by the executing court.

Legislation cited

Code of Civil Procedure, 1908s. 47

Headnote

Issue for Consideration Issue pertains to the execution of a compromise decree passed in a civil suit; and whether the executing court can go beyond the decree and has to execute the decree as it stands without making any modifications therein. Headnotes† Code of Civil Procedure, 1908 by the Court executing decree – Execution of a compromise decree passed in a suit – Defendant-respondent became decree holder and the plaintiff-appellant became judgment debtor – Executing Court in the execution petition modified the compromise decree by varying the

Subjects

Execution of compromise decreeExecuting court jurisdictionDecree holderJudgment debtorExecution petitionModification of decree

Judgment

[2026] 4 S.C.R. 494 : 2026 INSC 340

Maurice W. Innis
v.
Lily Kazrooni @ Lily Arif Shaikh
(Civil Appeal No. 4321 of 2026)
09 April 2026
[Pankaj Mithal* and Prasanna. B. Varale, JJ.]

Issue for Consideration
Issue pertains to the execution of a compromise decree passed
in a civil suit; and whether the executing court can go beyond the
decree and has to execute the decree as it stands without making
any modifications therein.

Headnotes†
Code of Civil Procedure, 1908 – s.47 – Questions to be
determined by the Court executing decree – Execution of a
compromise decree passed in a suit – Defendant-respondent
became decree holder and the plaintiff-appellant became
judgment debtor – Executing Court in the execution petition
modified the compromise decree by varying the area allotted
to the parties under the compromise decree and allotted them
some different portions – Review petition by the defendant-
respondent – Petition allowed and the modifications made
by the Executing Court in the original compromise decree
further modified – Thereagainst writ petition by the plaintiff-
appellant challenging the orders passed by the Executing
Court, the order passed on review petition as well as the order
directing the delivery of possession – Dismissed by the High
Court – Correctness:
Held: Executing Court has to strictly conform to the decree under
execution and if the decree provides for reciprocal obligations, it
must ensure compliance of those conditions by both the parties
in pith and substance, unless the decree is a nullity which is not
the case herein – Executing Court has no jurisdiction to vary the
terms of the decree – It is only where the dispute as to the identity
of the land which has to be given as part of the obligation to the

* Author
[2026] 4 S.C.R. 495

Maurice W. Innis v. Lily Kazrooni @ Lily Arif Shaikh

other side arises, the court can decide the same – In the instant
case, no dispute of identity of the land falling into the shares of both
the parties – Compromise decree clearly describes the portions
of land falling into the shares of the parties – Thus, the Executing
Court has to ensure that both the parties fulfil their obligations and
exchange the land as per the decree and to see that the sale deed
is executed as directed – Merely for the reasons that exchange of
some portions of the land may not be practicable for the reason
that constructions on it are not as per the sanctioned map or that
part of it has been sold off, immaterial – Since the Executing Court
in passing the orders has gone beyond its jurisdiction and instead
of directing for the execution of the decree as it stands, altered
its terms by changing certain portions of the land allotted to the
parties, the same are unsustainable in law – Both the orders and
the consequential order set aside – Execution Court to execute
the decree in its terms and tenor. [Paras 24, 27, 29-31]

Case Law Cited
Jai Narain Ram Lundia v. Kedar Nath Khetan and Ors. [1956] 1
SCR 62 : (1956) 1 SCC 75; Vasudev Dhanjibhai Modi v. Rajabhai
Abdul Rehman and Ors. [1971] 1 SCR 66 : (1970) 1 SCC 670;
Sunder Dass v. Ram Prakash [1977] 3 SCR 60 : (1977) 2 SCC
662 – referred to.

List of Acts
Code of Civil Procedure, 1908.

List of Keywords
Execution of compromise decree passed in civil suit; Executing
court, if can go beyond the decree; Compromise decree; Decree
holder; Judgment debtor; Execution petition; Modifications made
by the Executing Court.

Case Arising From
C I V I L A P P E L L AT E J U R I S D I C T I O N : C i v i l A p p e a l N o .
4321 of 2026
From the Judgment and Order dated 21.04.2022 of the High Court
of Judicature at Bombay in WP No. 247 of 2022.
496 [2026] 4 S.C.R.

Supreme Court Reports

Appearances for Parties
Advs. for the Appellant(s):
Shoeb Alam, Sr. Adv., Anand Dilip Landge, Mrs. Sangeeta Nenwani,
Ms. Revati Pravin Kharde, Shreenivas Patil, Rahul Prakash Pathak.
Advs. for the Respondent(s):
Gopal Jha, Sanjeev Baliyan, Tilak Vij, Shreyash Bhardwaj, Nimish
Arjaria, Sawan Datta, Ms. Shireesha Sharma.

Judgment / Order of the Supreme Court

Judgment

Pankaj Mithal, J.

1. Heard learned counsel for the parties.
2. Leave granted.
3. The dispute in this appeal is in connection with the execution of a
compromise decree dated 14.07.2017 passed in a Civil Suit No. 68
of 2012.
4. The suit land measures 51R (54895 sq. feet). It is a non-agricultural
land of plot No.396(A) situate in village Panchgani, Taluka
Mahabaleshwar, Satara in the State of Maharashtra.
5. The plaintiff-appellant had purchased 97.12R area of land of plot
no. 396(A) in village Panchgani as referred to above. The plaintiff-
appellant initially sold 57R of the aforesaid land purchased by him
to the defendant-respondent. Thus, retaining only 40.12R with
himself. The purchaser i.e., the defendant-respondent sold back 6R
of the said land to the plaintiff-appellant. Thus, the plaintiff-appellant
became the owner of a total of 46.12R of the aforesaid plot of land.
The defendant-respondent after selling 6R to the plaintiff-appellant,
remained with only 51R of the land out of the 57R initially purchased
by him. The dispute is regarding this 51R of land retained by the
defendant-respondent.
6. The defendant-respondent entered into an agreement to sell the
aforesaid 51R of land to the plaintiff-appellant vide registered
agreement dated 17.04.2009. The plaintiff-appellant filed suit no.68
of 2012 against the defendant-respondent praying for specific
[2026] 4 S.C.R. 497

Maurice W. Innis v. Lily Kazrooni @ Lily Arif Shaikh

performance of the agreement to sell dated 17.04.2009. In the said
suit, parties entered into a compromise on 08.07.2017. The said
compromise inter alia provided that 10R of the said land would
remain a common land in common ownership of both the partners.
The remaining 41R of land would be equally divided between them
to the extent of 20.5R each. The area of 20.5R to be retained by
each one of them would be ascertained by the surveyor and the
value of the bungalow and the plinth level construction existing on
part of the said land would be determined by the Government valuer.
Accordingly, a decree would be drawn.
7. It appears that on the basis of the aforesaid compromise, the suit
was decreed after completing the formalities of the survey and
valuation. Finally, a decree was drawn on 14.07.2017 incorporating
the respective areas falling into the share of each party.
8. The aforesaid compromise decree states that the plaintiff-appellant
who had purchased 97.12R of plot No.396(A) of village Panchgani
had a sanctioned map dated 09.04.2010 which is part and parcel
of the compromise and that both parties agree to the said map.
The disputed land is only 51R which is situate on the western side
of plot No.396(A). The area of 10R is common land for exercise of
easementary right as common road for access to their properties.
9. The aforesaid compromise decree in unequivocal terms provided
that the area of residential bungalow and the area of construction
up to the plinth level towards the southern side of the bungalow
plus the area on the western side of plot No.396(A) including two
bungalows shown in the sanctioned map, having a total area of
20.5R goes to the share of the plaintiff-appellant. Thus, the area
of 20.5R falling into the share of plaintiff-appellant was clearly
described.
10. Similarly, the area of 20.5R falling into the share of defendant-
respondent was described as situate on the western side of the
bungalow of the plaintiff-appellant and includes structures up to the
plinth level extending up to the boundary of the two bungalows on
eastern side.
11. The decree also provided that the defendant-respondent shall execute
the sale deed of the property falling into the share of the plaintiff-
appellant on consideration of Rs.10 lakhs which is already paid.
498 [2026] 4 S.C.R.

Supreme Court Reports

12. The said decree was put into execution by both the parties separately.
The plaintiff-appellant filed Execution Petition No.38 of 2020, which
allegedly remains pending as on date. The defendant-respondent
filed a separate Execution Petition No.21 of 2018 for the execution
of the aforesaid compromise decree dated 14.07.2017 claiming
himself to be the decree holder.
13. Accordingly, the defendant-respondent became the decree holder
and the plaintiff-appellant became the judgment debtor.
14. The Executing Court in Execution Petition No.21 of 2018 of the
defendant-respondent passed an order on 19.07.2021 and issued
certain directions, modifying the area of land allotted to the parties in
the final compromise decree, to the Court Commissioner to execute
the decree. The aforesaid modifications were made in the area allotted
to the parties inter alia for the reason that the permanent constructions
made to the extreme western side of the plot were not as per the
sanctioned plan and, therefore, it was not practicable to allot that
area to the defendant-respondent. It was also not considered to be
practicable to allot the portion towards the extreme western side to
the defendant-respondent as it was likely to cause inconvenience
to her in future and that the area of 10R of the suit plot towards the
extreme western side had already been sold by plaintiff-appellant
to the third party.
15. In short, the Executing Court varied the area allotted to the parties
under the compromise decree and allotted them some different
portions, thus in effect modifying the compromise decree.
16. The defendant-respondent was not satisfied and filed a review
petition seeking further modification of the above order passed by the
Executing Court. The aforesaid review petition was allowed by the
order dated 26.08.2021 and the modifications made by the Executing
Court in the original compromise decree were further modified.
17. Aggrieved by the aforesaid judgment and order allowing the review
petition, plaintiff-appellant filed a writ petition before the High
Court challenging the orders passed by the Executing Court dated
19.07.2021, order passed on review petition dated 26.08.2021 as well
as the order dated 11.10.2021 directing the delivery of possession.
Finally, the writ petition was dismissed on 21.04.2022. Thus, the
orders passed by the Executing Court were upheld.
[2026] 4 S.C.R. 499

Maurice W. Innis v. Lily Kazrooni @ Lily Arif Shaikh

18. The plaintiff-appellant has thus preferred this appeal.
19. It is in this background that we have heard Shri Shoeb Alam, senior
counsel for the plaintiff-appellant and Shri Gopal Jha, counsel for
the defendant-respondent.
20. The primary argument of the plaintiff-appellant is that the Executing
Court cannot go beyond the decree and has to execute the decree
as it stands without making any modifications therein. Therefore,
the Executing Court manifestly erred in passing the order dated
19.07.2021 and the order dated 26.08.2021 on review petition.
21. From the side of the defendant-respondent, it is submitted that the
Executing Court has rightly interpreted the decree and in view of
the peculiar facts and circumstances of the case, respondent rightly
allotted portions so that the decree does not become inexecutable.
The Executing Court, in the facts and circumstances of the case,
had correctly passed the orders dated 19.07.2021 and 26.08.2021.
22. The counsel for the defendant-respondent relied upon a three judges
bench decision in the case of Jai Narain Ram Lundia v. Kedar Nath
Khetan and Ors.1 to contend that the Executing Court is not powerless
to ensure that the parties are given the very thing that the decree directs
and if there is any dispute in this regard, it is for the Executing Court
to decide it and as such, there was no error on part of the Executing
Court in passing the order dated 19.07.2021 or 26.08.2021
23. In order to address the controversy arising in this appeal, it would
be profitable to first place Section 47 of Code of Civil Procedure2
which provides for the questions to be determined by the Executing
Court. The aforesaid Section 47 CPC is reproduced hereinbelow :-
“47. Questions to be determined by the Court executing
decree: -
(1) All questions arising between the parties to the suit in
which the decree was passed, or their representatives,
and relating to the execution, discharge or satisfaction of
the decree, shall be determined by the Court executing
the decree and not by a separate suit.

1 (1956) 1 SCC 75
2 In short ‘CPC’
500 [2026] 4 S.C.R.

Supreme Court Reports

(2) * * * * (omitted)
(3) Where a question arises as to whether any person is or
is not the representative of a party, such question shall, for
the purposes of this section, be determined by the Court.”
24. A plain reading of the aforesaid provision makes it clear that the
Executing Court is empowered to decide questions relating to
execution, discharge or satisfaction of the decree and has no
jurisdiction to go beyond the decree sought to be executed. In other
words, it has to execute the decree as it is without changing the
same. It is settled in law that the jurisdiction of Executing Court is
limited to give effect to the decree as passed and not to assume
the role of a trial court so as to substitute its own view in place of
that expressed under the decree.
25. In Vasudev Dhanjibhai Modi v. Rajabhai Abdul Rehman and
Ors.3, it has been held as under :-
“6. A court executing a decree cannot go behind the decree:
between the parties or their representatives it must take
the decree according to its tenor, cannot entertain any
objection that the decree was incorrect in law or on facts.
Until it is set aside by an appropriate proceeding in appeal
or revision, a decree even if it be erroneous is still binding
between the parties.”
26. The aforesaid view has been reiterated and fortified by the Supreme
Court in Sunder Dass v. Ram Prakash4. The relevant portion is
reproduced hereinbelow :-
“3. Now, the law is well settled that an executing court
cannot go behind the decree nor can it question its
legality or correctness. But there is one exception to this
general rule and that is that where the decree sought to
be executed is a nullity for lack of inherent jurisdiction
in the court passing it, its invalidity can be set up in an
execution proceeding. Where there is lack of inherent
jurisdiction, it goes to the root of the competence of the

3 (1970) 1 SCC 670
4 (1977) 2 SCC 662
[2026] 4 S.C.R. 501

Maurice W. Innis v. Lily Kazrooni @ Lily Arif Shaikh

court to try the case and a decree which is a nullity is void
and can be declared to be void by any court in which it is
presented. Its nullity can be set up whenever and wherever
it is sought to be enforced or relied upon and even at
the stage of execution or even in collateral proceedings.
The executing court can, therefore, entertain an objection
that the decree is a nullity and can refuse to execute the
decree. By doing so, the executing court would not incur
the reproach that it is going behind the decree, because
the decree being null and void, there would really be
decree at all. Vide Kiran Singh v. Chaman Paswan [AIR
1954 SC 340 and Seth Hiralal Patni v. Sri Kali Nath [AIR
1962 SC 199]. It is, therefore, obvious that in the present
case, it was competent to the executing court to examine
whether the decree for eviction was a nullity on the ground
that the civil court had no inherent jurisdiction to entertain
the suit in which the decree for eviction was passed. If the
decree for eviction was a nullity, the executing court could
declare it to be such and decline to execute it against the
respondent.”
27. In view of the above case laws, the Executing Court has to strictly
conform to the decree under execution and if the decree provides for
reciprocal obligations, it must ensure compliance of those conditions
by both the parties in pith and substance, unless the decree is a
nullity which is not the case herein.
28. In so far as the case relied upon by the defendant-respondent i.e. Jai
Narain Ram Lundia (supra), it cuts no ice in her favour. The aforesaid
decision simply states that if there are reciprocal obligations under
the decree which are interlinked, the court must ensure compliance
of reciprocal obligations. It further states that the Executing Court
has power to determine that one party gives the very thing to the
other party which the decree directs and in case any dispute in this
regard arises it can be decided by the Executing Court, otherwise
the Executing Court must execute the decree as it stands and cannot
go beyond the decree and vary its term.
29. The above decision in clear terms states that the Executing Court
has no jurisdiction to vary the terms of the decree. It is only where
the dispute as to the identity of the land which has to be given as
502 [2026] 4 S.C.R.

Supreme Court Reports

part of the obligation to the other side arises, the court can decide
the same.
30. In the instant case, there is no dispute of identity of the land falling
into the shares of both the parties. The compromise decree clearly
describes the portions of land falling into the shares of the parties.
Therefore, the Executing Court has to ensure that both the parties
fulfil their obligations and exchange the land as per the decree and to
see that the sale deed is executed as directed. Merely for the reasons
that exchange of some portions of the land may not be practicable
for the reason that constructions on it are not as per the sanctioned
map or that part of it has been sold off, are all immaterial. Since
the Executing Court in passing the orders dated 19.07.2021 and
26.08.2021 has gone beyond its jurisdiction and instead of directing
for the execution of the decree as it stands, has altered its terms
by changing certain portions of the land allotted to the parties, the
same are unsustainable in law. Accordingly, both the above orders
dated 19.07.2021 and 26.08.2021 and the consequential order dated
11.10.2021 are hereby set aside.
31. The appeal is allowed and the Execution Court is directed to execute
the decree in its terms and tenor.
32. Pending application(s), if any, stands disposed of.

Result of the case: Appeal allowed.

†
Headnotes prepared by: Nidhi Jain