P.K.BALASUBRAMANYAN
Chothy Theyyathan – Appellant
Versus
John Thomas – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.