SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1997 Supreme(Ker) 29

P.K.BALASUBRAMANYAN
Chothy Theyyathan – Appellant
Versus
John Thomas – Respondent


Judgment :-

Balasubramanyan, J.

The decree holder challenges the order of the Executing Court refusing to execute the decree for injunction obtained by him against judgment debtors 1 and 2, against their assignees, impleaded as judgment debtors 3 to 5. The decree restrained judgment-debtors 1 and 2 from blasting rock from the B Schedule property described in the decree. Judgment debtors 3 and 4 are assignees of the decree B schedule property. They violated the decree for injunction and the decree holder sought to proceed against them under O. XXI R.32 of the Code of Civil Procedure. The transferees resisted execution by contending that though they are assignees of the property covered by the decree, they cannot be proceeded against in execution under O. XXI R.32 of the Code of Civil Procedure, since a decree for injunction is personal and affects only the original judgment debtor and S.52 of the Transfer of Property Act has no application since there is no decree against any property and an injunction does not run with the land. Their objection was upheld by the Executing Court and relief refused against the additional judgment debtors. This refusal is questioned by the decree holde









Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top