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C. JAYACHANDRAN
V. U. Paulose, S/o. Ulahannan – Appellant
Versus
V. P. Molly, D/o. Paulose – Respondent
JUDGMENT :
An interesting question as regards the applicability of Order 21, Rule 32(5) arises for consideration in this Original Petition. In the execution of a decree for declaration of title, followed by a prohibitory injunction, whether a Commission can be issued to construct a compound wall, which relief was not, in terms, granted, is the issue involved.
2. Having regard to the seriousness and intricacies of the issue involved, this Court appointed Adv. Jacob P. Alex as Amicus Curiae.
3. Heard Sri. Naseer Moidu, learned counsel for the petitioner; Sri. E.S.M. Kabeer, learned counsel for the respondents and the learned Amicus.
4. Learned counsel for the petitioner would submit that the title of the petitioner over the scheduled property has been declared, followed by a prohibitory injunction restraining the defendants from trespassing into the plaint schedule property, from destroying boundary demarcations therein and also from doing any act interfering with the peaceful possession and enjoyment of the plaintiff over the plaint schedule property. Based upon the said decree, the petitioner attempted to put up a compound wall within his boundary, which was obstructed by the responden
The main legal point established in the judgment is that the decree for prohibitory injunction encompasses the right to construct a compound wall, and obstruction to this right can be remedied under ....
The main legal point established in the judgment is that the execution court has a duty to construe the decree and ascertain its true effect by looking into the pleadings, relief sought, and judgment....
The Execution Court has broad powers under Order XXI Rule 32 to enforce decrees, including mandatory injunctions, and objections regarding executability are unfounded.
The executing court has jurisdiction to enforce decrees, including injunctions, and can act against violations by judgment debtors.
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 executing court has the jurisdiction to pass necessary orders regarding the execution of decrees under Order XXI Rule 32.
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