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2017 Supreme(Ker) 36

P.SOMARAJAN
Pushpadasan S/o. Issac Moraise – Appellant
Versus
Sheela Jerald W/o. Jerald Pereira – Respondent


Advocates Appeared:
For the Petitioner: Sri. G.S. Reghunath
For the Respondents: Sri. Ram Mohan G., Sri. G.P. Shinod, Sri. Manu V., Sri. Govind Padmanaabhan, Sri. Ajit G. Anjarlekar

ORDER :

An interim order of mandatory injunction sought to be executed through execution court in E.P. No. 380 of 2014 in O.S. No. 467 of 2011 on the file of the Court of the Additional Munsiff, Thiruvananthapuram. After hearing both sides, the execution court decided to proceed with the execution by the impugned order in this petition under Article 227 of the Constitution of India.

2. Heard Sri. G.S. Raghunath, learned counsel appearing for the petitioner and Sri. Ram Mohan G., the learned counsel appearing for the respondents.

3. The short questions came up for consideration are:-

(1) whether it is permissible to exhaust the remedy under Order XXI CPC in the matter of implementation of an interim order of injunction with the aid of Section 36 and Order XXI Rule 32 CPC ?

(2) what would be the forum available for executing such orders?

4. A glaring jurisdictional error crept in the order of the lower court regarding the application of Section 36 read with Section 2(14) and Order XXI Rule 32 of the Code of Civil Procedure. Section 36 of CPC has to be read along with Order XXI CPC. The provisions relating to execution of decrees are applicable under the Section to the execution of orders.



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