Kapoor Devierwala Hotels vs Surat Textile Market Co-Op Shops & ... on 20 October, 2004
17. Mr. Shah has also relied upon the judgement in the case of Heirs of Suryakant K. Shah v. Punjabhai Ranchhodbhai Patel reported in 1998 (2) GLH 453 , wherein this Court has taken the view that any order passed in the Execution proceedings under Section 47 of C.P.C., is not a decree and such order is not appealable before the District Court. In that case, in view of the amendment in Section 47 of C.P.C., the Court has found that the order in question is not appealable, as determination of any question cannot be said to be decree and therefore, appeal before the District Court was not competent and only revision under Section 115 was competent. The said observation is made by the Court in para 11 of the judgement.