Manmohan Singh, J.

1. The petitioner has filed the abovementioned petition under Article 227 of the Constitution of India in order to invoke the jurisdiction of this Court against the order dated 13th January, 2012 passed in Execution No.46/06, titled as Sh. N.D. Mishra vs. Ms. Nisha Chauhan, whereby the Executing Court while entertaining the objections filed under Order 21 Rules 97 to 101 CPC framed the issues and issued the directions to the parties to lead their evidence on those issues.

2. The submission of the learned counsel appearing on behalf of the petitioner/decree holder is that the issues as framed by the Executing Court are beyond the scope of judgment and decree dated 1st February, 2003 which is sought to be executed. The adjudication of the title of the decree-holder at the instance of a transferee pendent lite would be beyond the scope of decree already passed in which the Executing Court cannot travel beyond the decree. All the issues framed in the execution have already been determined by the various courts from time to time. Fresh trial in the matter is not called for even when as per settled law the objections filed by the respondent are not maintainable.