Supreme Court Explains the Effect of Appeal on Merits
It is held that when a higher forum entertains an appeal on merits, the doctrine of merger would apply. The doctrine of merger means that at one point in time, only one decree can subsist. If the order dismissing the objections has been set aside and the execution petition dismissed, there is no decree that could be executed, and as such, the question of extension of time would not arise.
Dr. Amit Arya v. Kamlesh Kumari [2025] GCtR 1897 (SC)
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