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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Naurang S/o Bhinraj – Appellant
Versus
LRs. of Late Shri Chunnilal – Respondent
| Table of Content |
|---|
| 1. challenging execution of decree based on alleged unlawful possession. (Para 5) |
| 2. executing court's powers regarding compliance and restoration of possession. (Para 9 , 10) |
| 3. court's duty to enforce decrees against unlawful acts. (Para 11 , 14) |
ORDER :
2. The dispute has its genesis in a civil suit for declaration and permanent injunction instituted by the predecessor-in- interest of the respondents, namely late Chunnilal, before the learned Civil Judge (Jr. Dn.), Sri Ganganagar, registered as Civil Suit No.566/1995. The suit pertained to agricultural land situated in Chak No.16 ML, Murabba No.10, Kila Nos.1 to 8, measuring 8 Bighas, wherein the plaintiffs sought to restrain the defendants from interfering with their possession and further prayed that any document, such as partition or will executed by Bhinraj in favour of the defendants, be declared void and ineffective.
4. Upon appeal, the learned Additional District Judge No.1, Sri Ganganagar, vide judgment dated 24.09.2003, set aside the trial court’s decree. However, in further challenge, this Court, vide judgment dated 13.12.2013 in S.B. Civil Second Appeal No.285/2003, allowed the appeal, set aside the appella
Executing courts can restore possession even after a decree of prohibitory injunction has been violated, ensuring compliance with judicial orders.
(1) Execution of decree – Jurisdiction of an executing court is confined to enforcing decree as it stands and it cannot travel beyond its terms.(2) To give full effect to injunction decree, executing....
A decree for perpetual injunction may be enforced through restoration of possession if the injunction is breached, allowing courts to exercise inherent powers in such situations.
The Execution Court has broad powers under Order XXI Rule 32 to enforce decrees, including mandatory injunctions, and objections regarding executability are unfounded.
The twin conditions of the judgment debtor's opportunity to obey the decree and wilful failure to obey it, as laid down in Order XXI Rule 32 CPC, are mandatory and coexistent, and the exceptional pow....
The execution court has the authority to enforce a decree for permanent prohibitory injunction by evicting the judgment debtor for wilful disobedience, as provided under Rule 32 of Order 21 of the Co....
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