Ashok Kumar Kothari And 5 Ors vs Sanwarlal Agarwal And 4 Ors on 19 September, 2024
In the case of Rameshwar Dass Gupta Vs. State of U.P. and
Another (supra) the Hon'ble Supreme Court has in paragraph 4 clearly
observed that it is a well settled legal position that an Executing Court
cannot travel beyond the order or decree under execution and it gets
jurisdiction only to execute the order in accordance with the procedure
laid down under Order XXI of the CPC. In the said case, the Hon'ble
Supreme Court upheld the order of this Court in setting aside the order
directing payment of interest in the case of a decree which did not
award interest observing that the Executing Court cannot step out and
grant a decree for interest which was not part of the decree for
execution on the ground of delay in payment.