In Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh vs Brijlal Tibrewal & Ors., the trial court, while decreeing the suit filed by the plaintiff, had only directed the defendant to convey the title and execute document in favour of the society in respect of Suit Building and land to the extent of Suit Building, which was 1009.70 sq. meters. Dismissing the appeals, the high court had directed the defendant to execute the Deed of Conveyance to the extent of 2700 sq. meters of land.
On appeal, the Supreme Court observed that the Appellants-original Defendants cannot be put in a worse condition than beyond the judgment and decree passed by learned Trial Court which was appealed before the First Appellant Court and that too in the absence of any cross-appeal or cross objection by the original Plaintiffs. Therefore also, the impugned orders passed by the High Court which, as such, will go beyond the judgment and decree passed by the learned Trial Court are not sustainable, more particularly, in absence of any cross-appeal and/or order the cross objection by the original Plaintiffs. Once the High Court has dismissed the Appeal preferred by the Appellants-original Defendants, in that case, in an appeal preferred by the original Defendant, the High Court could not have passed any further order beyond the judgment and decree passed by the learned Trial Court appealed. Thus, by passing the impugned order, it can be said that the High Court has passed order beyond the scope and ambit of the Appeal before it and has exceeded in its jurisdiction not vested in it.
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