VidhiSangh

Supreme Court of India · 09/04/2026

MAURICE W. INNIS versus LILY KAZROONI @ LILY ARIF SHAIKH

[2026] 4 S.C.R. 494 · 2026 INSC 340

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Summary

An Executing Court cannot vary a compromise decree that clearly identifies each party's share of land; it altered the allotted portions on grounds of impracticability, unauthorised construction and a sale to a third party, which exceeded its jurisdiction under Section 47 CPC, so its orders were set aside.

Issues

  1. Whether the Executing Court, in executing a compromise decree partitioning land, could modify the portions allotted to each party because execution as decreed was considered impracticable.
  2. Whether Jai Narain Ram Lundia v. Kedar Nath Khetan permitted the Executing Court to reallot the land.

Provisions considered

Held

Result

Appeal allowed; the Executing Court's orders dated 19.07.2021 and 26.08.2021 and the consequential order dated 11.10.2021 were set aside, and the Executing Court was directed to execute the decree according to its terms.

Judgment PDF: Supreme Court of India, [2026] 4 S.C.R. 494.