Decree of permanent injunction is not subject to limitation and can be enforced against the legal representatives of deceased judgment debtors.

JUDGMENT

1. The present petition has been preferred by the petitioners under Article 227 of Constitution of India being crestfallen by order dtd. 29/3/2016 passed by Vth Additional Judge to the Court of Ist Civil Judge, Class-II, Shivpuri, whereby objection raised by the respondents/judgment debtors has been upheld and execution proceedings initiated by the petitioners against the respondents were dropped.

2. Precisely stated facts of the case are that Late Laxman Singh Yadav filed a civil suit (Civil Suit No.218-A/1988) against Shrilal and Smt. Rajkunwar for permanent injunction and vide judgment dtd. 10/12/1992 suit was decreed in favour of petitioners (then plaintiffs). As per the judgment and decree, petitioner Late Laxman Singh was found to be entitled to take water connection from the disputed land and the then defendants were injuncted permanently not to interfere in the movement of plaintiffs.

3. It appears that said judgment and decree was not complied by the respondents in letter and spirit prima-facie. Therefore, execution proceedings were drawn by the legal representatives of Late Laxman Singh against the legal representatives of late defendants on 26/3/2013.

4. An objection was raised by the respondents/judgment debtors since original defendants/judgment debtors have expired, therefore, execution proceedings cannot be proceeded with against the legal representatives of judgment debtors.

5. Court below after considering the rival submissions came to the conclusion that present legal representatives of original defendant were not party in the original suit and decree of permanent injunction was not issued against them, therefore, execution proceedings cannot be drawn against the present legal representatives. Therefore, objections were sustained and execution proceedings were dismissed. Therefore, this petition has been preferred.

6. Learned Senior Counsel appearing for petitioners referred The Schedule and Article 136 of the Limitation Act and its proviso to bring home the fact that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation. Therefore, enforcement of decree of permanent injunction passed on 10/12/1992 can be made in 2013. It is further submitted that Sec. 50 read with Sec. 146 of C.P.C. facilitates the execution of decree through legal representatives of judgment debtors. According to him after the death of judgment debtors, his legal representatives can be impleaded in his place as judgment debtors and execution proceedings can be carried out till the decree is satisfied.

7. Learned counsel for the respondents opposed the prayer and supported the impugned order. According to him looking to the nature of decree, it is impracticable to saddle the liability over the legal representatives of original judgment debtors. According to him, from the pleadings as contained in execution application it has nowhere mentioned that what was the occasion for them to file the application after 20 years and according to him, decree has already been fully satisfied before initiation of execution. Therefore, once decree has been satisfied, then it does not give any recurring cause of action for the decree holders to initiate execution proceedings after the death of judgment debtors.

8. Heard counsel for the parties at length and perused the documents appended thereto.

9. This is the case where petitioners as decree holders are asserting their rights for enforcement of judgment and decree dtd. 10/12/1992 passed by the trial Court.

10. So far as point of limitation for execution of decree of permanent injunction is concerned, same is taken care of by Article 136 of (The Schedule) Limitation Act, 1963. Article 136 of (The Schedule) of the Limitation Act reads as under :-

11. Perusal of proviso to Article 136 of The Schedule of the Limitation Act clarifies the position that enforcement or execution of a decree granting a perpetual injunctio