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JYOTI SINGH
Ashok – Appellant
Versus
Khyali Ram – Respondent
JUDGMENT
Jyoti Singh, J.
C.M. APPL. 6356/2022
This is an application filed by the Petitioners under Order 1 Rule 10(2) CPC, seeking deletion of Respondents No.1 and 3 who are stated to have expired and stating that being issueless, their alleged share goes to the legal heirs of Liaq Ram/Respondent No.2.
Issue notice.
Learned counsel appearing on behalf of Respondents accepts notice.
For the reasons stated in the application, the same is allowed. Names of Respondents No.1 and 3 are hereby deleted from the array of parties.
Amended memo of parties filed along with the application is taken on record.
Application stands disposed of.
C.R.P. 20/2020 & C.M. APPL. 4004/2020 (for stay)
1. By this revision petition, Petitioners seek quashing of order dated 10.01.2020, passed by the Executing Court in Execution Case No. 95292/2016 titled `Khyali Ram and Others v. Ashok and Others', whereby objections filed by the Petitioners have been dismissed and warrants of possession have been issued against suit property bearing House No. 548, with adjacent courtyard, situated in Village Abadi of Village Khera Kalan, Delhi-110062. Petitioners herein are sons of late Sh. Laxman Singh who was one of the Defendants
A decree for permanent prohibitory injunction is enforceable by assignees, is not subject to limitation, and the executing court has the authority to restore possession in cases of dispossession.
The court affirmed that a decree holder's rights must be enforced despite repeated technical objections from judgment debtors, underscoring the importance of expeditious justice in civil matters.
Objection to execution of decree – Even if Executing Court cannot go behind decree, it does not mean that it has no duty to find out true effect of that decree.
The main legal point established in the judgment is the limitation of a decree of permanent injunction, its execution by subsequent purchasers, and the significance of a declaratory decree of title.
The executing court has jurisdiction to enforce decrees, including injunctions, and can act against violations by judgment debtors.
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