JUDGMENT

Anil Kshetarpal, J. (Oral) -

C.M.No.14282-CII-2022

Allowed as prayed for.

MAIN

1. The question which arises for consideration is 'Whether, while passing an order of delivery of possession in execution of an injunction decree, the Executing Court is required to record a finding that the Judgement Debtor has had an opportunity to obey the decree and he has wilfully failed to obey it?

2. Order XXI Rule 32 of the Code of Civil Procedure, 1908 is extracted as under:-

32. Decree for specific performance for restitution of conjugal rights, or for an injunction.-

(1)Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has wilfully failed to obey it, the decree may be enforced 1[in the case of a decree for restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract or for an injunction] by his detention in the civil prison, or by the attachment of his property, or by both.

(2) Where the party against whom a decree for specific performance or for an injunction has