Maurice W. Innis v. Lily Kazrooni @ Lily Arif Shaikh

other side arises, the court can decide the same – In the instant case, no dispute of identity of the land falling into the shares of both the parties – Compromise decree clearly describes the portions of land falling into the shares of the parties – Thus, the Executing Court has to ensure that both the parties fulfil their obligations and exchange the land as per the decree and to see that the sale deed is executed as directed – Merely for the reasons that exchange of some portions of the land may not be practicable for the reason that constructions on it are not as per the sanctioned map or that part of it has been sold off, immaterial – Since the Executing Court in passing the orders has gone beyond its jurisdiction and instead of directing for the execution of the decree as it stands, altered its terms by changing certain portions of the land allotted to the parties, the same are unsustainable in law – Both the orders and the consequential order set aside – Execution Court to execute the decree in its terms and tenor. [Paras 24, 27, 29-31] Case Law Cited