IN TH E H IGH COURT OF UTTARAKH AND AT NAINITAL. CLMA no. 2288/ 08 and CLMA no.2299/ 08 IN First Appeal no. 31 of 2008 Anand Kishore ----Applicant/ appellant. Vs. Smt. Asha Devi. ----Respondents Cor a m : H on ’ble Pr a fu lla C. Pa n t, J . H on ’ble Dh a r a m Veer , J . Da ted : 28 th Ap r il 20 0 8 : Per Coram:- Sri L.K. Tewari, Adv. is present for the appellant/ applicant. This is delay condonation application no. 2299/ 08 whereby condonation of delay has been sought in filing the appeal against the order dated 28.01.2008 passed by Principal Judge Family court, Dehradun in Execution Case no. 13 of 2005 Asha Devi vs. Anand Kishore. Heard. The delay in filing the appeal is of 57 days’, which is sufficiently explained in the affidavit filed by Anand Kishore, appellant/ applicant. The application is allowed. Delay is condoned. Also heard on admission of the appeal. This appeal is preferred u/ s 19(1) of the Family Court Act 1984, against the order dated 28.01.2008 passed by learned Principal Judge Family Court, Dehradun in Execution Case no. 13 of 2005 whereby objections of the judgment debtor (present appellant) filed u/ s 47 of the Code of Civil Procedure, 1908, are rejected. It appears that a Suit no. 247/ 1988 was instituted by the present appellant for a decree of divorce before the Trial Court. A counter claim also it appeal to have been filed by the respondent in the said case. The petition of the present appellant was dismissed and counter claim was allowed on 10.11.1993. Since none of the parties challenged the decree passed by the Trial Court, which attained finality, in our opinion, the Execution Court has rightly rejected the objection u/ s 47 C.P.C. whereby the judgment debtor alleged that the decree passed in the counter claim was erroneous in law. It is settled principle of law that an Execution Court cannot go behind the decree. Only exception is the decree which is non-est and passed with total lack of jurisdiction. In the circumstances, we do not find this appeal worth admitting. The appeal is dismissed summarily with the observation that the Execution Court shall execute the decree only in terms of the decree passed i.e. for return of the articles/ STREEDHAN. (Dh a r a m Veer , J .) (Pr a fu lla C. Pa n t, J .) NCM