In Brief
The appellants challenged a High Court judgment that granted relief to the respondent for removal of windows, despite the respondent not filing a cross-appeal or cross-objection. The Supreme Court held that appellate courts cannot grant relief to a respondent under Order 41, Rule 33 CPC when such relief was rejected by both lower courts and the respondent did not raise it in their appeal. Relying on established precedent, the Court set aside the High Court's direction to remove the windows, holding that the respondent's failure to independently appeal forecloses such relief. The appeal was allowed.
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