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Supreme Court of India· 20 August 2026

Can an appellate court's findings extend beyond the subject matter of the appeal actually pending before it?

PARBATSINH DOLATSANG DODIYA AND OTHERS v. RAMESHBHAI HARJIBHAI MAKWANA AND OTHERS
2026 INSC 898
Coram: S.V.N. Bhatti; N.V. Anjaria
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Answer

No. Where the impugned order traverses beyond the scope of the subject matter of the appeal before it, the findings to that extent are set aside and the underlying application is restored to be heard and disposed of afresh in accordance with law.

Headnote

Scope of appeal — Appellate jurisdiction confined to subject matter — Court Receiver — Interim arrangement — Advocate Receiver — Scope of appeal — Confined to subject matter before the court — Held: An appellate court's scrutiny is confined to the subject matter of the appeal actually before it; findings traversing beyond that scope are set aside and the underlying application restored to be heard afresh in accordance with law. (¶15) Gujarat Tenancy and Agricultural Lands Act, 1948 — s.32G — Interim arrangement — Advocate Receiver — Held further: In the connected tenancy dispute, the interim status quo arrangement is modified to substitute an Advocate Receiver for administering the subject property pending the Special Civil Applications, subject to the final outcome. Civil Appeals disposed of accordingly. (¶16, 17)

In the Court's own words
Paragraph 15After carefully examining the pleadings and the nature of the Orders dated 04.04.2022 and 28.06.2022 of the High Court of Bombay, we are of the view that the impugned Order dated 28.06.2022 has traversed beyond the scope of the subject matter of the Appeal (L) No. 12396 of 2022. Therefore, to the said limited extent, we set aside the findings in Paragraphs 8 to 11 of the Order dated 28.06.2022 and restore I.A. No. (L) 10443 of 2022 to the file, and the Application is heard and disposed of in accordance with Law.
Acts & Sections
Section 32G of the Gujarat Tenancy and Agricultural Lands Act, 1948

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