In Brief
M/s Bagalkot Udyog obtained a decree for specific performance of a lease renewal for 30 years (1983–2013). During execution, the Executing Court drafted the renewed lease to include another renewal clause extending beyond 2013, mirroring the original deed. The respondent lessors challenged this via Section 115 CPC. The High Court remitted the matter for the Executing Court to determine if it had exceeded the decree's scope. The Supreme Court upheld the High Court's jurisdiction, holding that although respondents were estopped from contesting ex parte proceedings, they could challenge whether the Executing Court granted relief beyond the decree. Since no appeal lies against such orders and parties must have a remedy, the High Court properly entertained the petition. The matter was remitted for the Executing Court's final determination.
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