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.