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november 2007

Supreme Court of India · 2007-11-12

Gurdev Singh vs Narain Singh

Citation / case number
AIR 2008 SUPREME COURT 630
Court
Supreme Court of India
Petitioner
Gurdev Singh
Respondent
Narain Singh
Bench
S.B. Sinha, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the executing Court exceeded its jurisdiction by interpreting a decree for permanent injunction, which only restrained the appellant from planting trees, to include the removal of existing trees. The Court emphasized that the decree did not authorize the removal of trees already planted, and the executing Court's interpretation was a jurisdictional error. The High Court's affirmation of this erroneous interpretation was also set aside, reinforcing that the executing Court cannot go beyond the decree's explicit terms.

Gurdev Singh vs Narain Singh · Niyam