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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
S.G.CHAPALGAONKAR
Mujiboddin Hakimoddin – Appellant
Versus
Shamshuddin Nijamoddin – Respondent
JUDGMENT :
S.G. CHAPALGAONKAR, J.
1. Rule. Rule made returnable forthwith. With consent of the parties, matter is taken up for final hearing at admission stage.
2. The petitioners/judgment-debtors impugn order dated 12.09.2023 passed by learned District Judge, Jalna in Regular Civil Appeal No.78/2023, thereby upholding order dated 13.07.2023 passed by learned Civil Judge Junior Division, Jafrabad in Regular Darkhast No.8/2019, by which petitioners/judgment-debtors are directed to deliver vacant possession of suit house to respondent/decree holder.
3. The respondent had instituted Regular Civil Suit No.143/2008 seeking decree of perpetual injunction against petitioners in respect of house property i.e. Grampanchayat House No.841 (old G.P. House No.993) situated at Jafrabad. The Trial Court decreed suit vide judgment and order dated 29.10.2009 and restrained petitioners from obstructing peaceful possession of respondent over suit house. The decree passed by Trial Court has attained finality.
4. The respondent/decree holder filed Regular Darkhast No.8/2019 before Civil Judge Junior Division at Jafrabad seeking execution of decree dated 29.10.2009 contending that petitioners in breach of de
A decree for perpetual injunction may be enforced through restoration of possession if the injunction is breached, allowing courts to exercise inherent powers in such situations.
(1) Execution of decree – Jurisdiction of an executing court is confined to enforcing decree as it stands and it cannot travel beyond its terms.(2) To give full effect to injunction decree, executing....
Executing courts can restore possession even after a decree of prohibitory injunction has been violated, ensuring compliance with judicial orders.
A decree holder must utilize execution procedures as defined in the Code of Civil Procedure and cannot unilaterally take possession of property.
The primary legal principle established is that a decree for restoration of possession, which includes the removal of illegal structures, is subject to a 12-year limitation period under Article 136 o....
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