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1986 Supreme(Ker) 178

PAREED PILLAY
PADMANABHA PILLAI – Appellant
Versus
SULAIMAN KUNJU – Respondent


Judgment :-

1. Revision petitioners filed E. P. 20/84 to execute the decree for permanent injunction in O. S.39/61 of the Sub Court, Quilon. The learned Sub Judge dismissed the petition holding that the petitioners are not assignees from the decree holders and therefore they are not entitled to execute the decree.

2. The order of the court below cannot be sustained as the petitioners are the purchasers of the property from the original decree bolder. When a decree is not assigned but the assignment covers the property decreed, assignee can get the decree executed. Petitioners do not have a case that they have obtained the decree assigned in their favour from the original decree holder.

What they claim is that they purchased the property from the original decree holder. The status of the petitioners as purchasers of the property from the original decree holder is not at all disputed by the respondents.

3. 0.21 R.16 provides that where the interest of any decree holder in the decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the court which passed it; and the decree may be executed in the same manner and subjec





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