Bombay High Court
CENTRAL BANK OF INDIAversusSANOBAR AZAM ALI KHAN AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Executing Court cannot alter the decree amount in a review application, and the decree, having attained finality, cannot be interfered with.
Summary
The Central Bank of India filed a writ petition challenging an order of the Executing Court that arose from a review application in execution proceedings. The petitioner claimed that rent payments of Rs.17,79,345.50 made between April 2001 and August 2004 were not accounted for in the decree of mesne profits and should have been adjusted. The Executing Court had refused to alter the decree, stating it could not go beyond the original decree. The Appellate Court upheld the Executing Court’s order, and the High Court found no error in that decision, emphasizing that the decree had attained finality and the scope of a review application does not permit alteration of the decree. Consequently, the petition was dismissed.
Issues considered
- Whether the Executing Court can alter the amount awarded in a decree during a review application in execution proceedings
Subjects
- review application
- execution proceedings
- decree of mesne profits
- finality of decree
- court jurisdiction
Judgment
2026:BHC-AS:38272
Diksha Rane 10 WP 12011 2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12011/2026
CENTRAL BANK OF INDIA ..PETITIONER
VS
SANOBAR AZAM ALI KHAN & ANR ..RESPONDENTS
Adv. Sameer Tendulkar for petitioner.
CORAM : ARUN R. PEDNEKER, J.
DATE : 18th SEPTEMBER, 2026.
Per Court :
1. Heard learned counsel appearing for the petitioner.
2. By the present petition, the petitioner challenging the order
passed by the Executing Court in a Review Application in execution
proceedings.
3. Learned counsel appearing for the petitioner submits that
certain amounts were paid of rent for the period between 1 st April,
2001 to 31st August, 2004, amounting to Rs.17,79,345.50 were not
taken into consideration and ought to have been adjusted while
passing the decree of mesne profits. The decree is passed after
considering of the evidence on record and the petitioner obviously
ought to have placed all the materials before passing of the decree.
Page 1 of 2
18th SEPTEMBER, 2026
Diksha Rane 10 WP 12011 2026.docx
The decree is challenged uptil the Appellate Court and thereafter, till
this Court.
4. At the stage of execution, the application has been filed to
deduct certain amounts from the decreetal amount. The Executing
Court cannot travel beyond the decree and that the awarded amount
in the decree cannot be altered by the Executing Court and that too
in the Review Application.
5. In the instant case, considering the scope of review, the
Appellate Court has maintained the order of the Executing Court. I
see no error in the order of the Appellate Court. Considering the
nature and scope of the Review Application and also considering that
the decree has attained finality, no case is made out to interfere with
the impugned order.
6. The present petition stands rejected.
[ ARUN R. PEDNEKER, J.]
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18th SEPTEMBER, 2026
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 19/09/2026 17:17:41
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