Padma Ben Banushali & Anr vs Yogendra Rathore & Ors

The Supreme Court held that the High Court's order declaring the decree in-executable was erroneous, as it failed to recognize that the application under Order XXIII Rule 1 CPC did not constitute a conscious waiver by the decree-holders. The Court emphasized that adjustments under Order XXI Rule 2 CPC must be certified by the Executing Court, and since this was not done, the decree remained executable. The appeal was allowed, reversing the High Court's decision and reinstating the executability of the decree.