Section 47 CPC — Scope — Questions to be determined Under Section 47 CPC, the executing court may determine questions relating to execution, discharge or satisfaction of the decree, but cannot assume powers of a trial court to re-adjudicate or alter rights determined by the decree. (Paras 23, 24)

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Execution — Scope of Executing Court — Cannot go beyond decree
An executing court is bound to execute the decree as it stands and cannot go behind it or modify its terms. Its jurisdiction is confined to execution, discharge or satisfaction of the decree. (Paras 24, 25)

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Execution — Modification of decree — Impermissibility
The executing court has no jurisdiction to alter, vary or modify the terms of a decree under the guise of execution, even if practical difficulties arise in implementation. (Paras 24, 29, 30)

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Execution — Compromise decree — Binding nature
A compromise decree, once passed, is binding and must be executed strictly in accordance with its terms and tenor. (Paras 27, 30)

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Section 47 CPC — Scope — Questions to be determined
Under Section 47 CPC, the executing court may determine questions relating to execution, discharge or satisfaction of the decree, but cannot assume powers of a trial court to re-adjudicate or alter rights determined by the decree. (Paras 23, 24)

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Executing Court — Jurisdiction — Limited nature
The executing court cannot substitute its own view in place of the decree nor interpret it in a manner that results in modification of substantive rights of parties. (Para 24)

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Execution — Practical difficulties — Irrelevance
Practical inconvenience, existence of unauthorized constructions, or subsequent alienation of property are not valid grounds for modifying the decree during execution. (Para 30)

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Execution — Identity of property — Limited exception
Executing court may decide disputes relating to identity of property or implementation of decree, but cannot alter the substance of the decree itself. (Para 29)

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Decree — Binding effect — Even if erroneous
A decree, even if erroneous in law or facts, remains binding between the parties unless set aside in appropriate proceedings; executing court cannot question its correctness. (Para 25)

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Nullity — Exception — Lack of jurisdiction
Only where a decree is a nullity due to lack of inherent jurisdiction can the executing court refuse execution; otherwise, it must execute the decree. (Para 26)

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Reciprocal obligations — Execution
Where decree contains reciprocal obligations, executing court must ensure compliance of such obligations but cannot vary the decree. (Para 27)

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Result — Orders of Executing Court — Set aside
Orders of executing court modifying decree and consequential orders are unsustainable and liable to be set aside. (Para 30)

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Result

Appeal — Allowed.
Executing Court directed to execute decree as per its terms. (Para 31)