Appeal Dismissed: Executing Court Cannot Alter Final Decree.


23 June 2025 Civil Appeals >> Civil & Consumer Law  

This appeal, filed by Imperia Structures Ltd. (the appellants/opposite parties), challenged an order dated April 21, 2025, from the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow. The State Commission, in execution proceedings, had rejected the appellants' request to adjust an amount of Rs. 10,00,000, as this sum was not mentioned in the original judgment or order.

The appellants' counsel was unable to demonstrate that they had raised the issue of this Rs. 10,00,000 payment before the State Commission prior to the impugned order being passed. Furthermore, their previous appeal against the State Commission's order was dismissed as time-barred, and their subsequent petition to the High Court was also rejected, though no orders to that effect were provided.

 

 

Given that the original order/decree of the concerned Commission is final and has not been overturned by any higher court, the State Commission's decision was deemed correct. The executing court cannot go beyond the decree it is enforcing. A cited case law, Ram Kumar Vs. State of Uttar Pradesh & Ors., was found to be inapplicable due to differing facts.

Therefore, the Appeal Execution No. AE/32/2025 was dismissed as not maintainable. All pending Interlocutory Applications (IAs) were also disposed of.