K.HARILAL
Jihas – Appellant
Versus
Salim – Respondent
The judgment primarily addresses whether a decree of permanent injunction runs with the land and is binding on subsequent assignees. It affirms that such decrees are not merely personal but are restrictions on the enjoyment of the property itself, and therefore, they bind future owners or assignees of the land. The court emphasizes that the decree for injunction is enforceable against subsequent purchasers, regardless of whether they were parties to the original suit or not, and that the decree remains effective even after transfer of ownership (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
In the specific case, the petitioner, who purchased the property after the decree was passed, was held to be bound by the injunction decree because it pertains to the property itself, and such decrees run with the land. The court rejected the argument that the decree was not binding on him due to his change in status and ownership, ruling that the decree remains valid and enforceable against him (!) (!) .
Furthermore, the court clarified that the executing court has the authority to grant injunctions and interim relief during the execution process if necessary, reinforcing the court's power to prevent violations of the decree while proceedings are ongoing (!) (!) .
Overall, the court dismissed the petition, affirming that the injunction decree is binding on subsequent owners and that the executing court can issue interim orders to uphold the decree's enforcement, thereby preventing violations and ensuring the decree's effectiveness.
K. Harilal, J.—The petitioner is the 5th defendant in E.P No.355 of 2011 in O.S.No.1264 of 2006 on the files of the Court of the Principal Munsiff, Ernakulam as well as the 5th respondent in EA No. 538 of 2011 filed therein. E.P.No.355/2011 was filed for the execution of the compromise decree passed in O.S.No.1264/2006. This O.P. is filed under Section 227 of the Constitution of India challenging the impugned order passed in EA No. 538 of 2011 referred above. EA No. 538 of 2011 was filed by the decree holders under Section 151 of the Code of Civil Procedure to pass an interim order restraining the judgment debtors from constructing the third floor or making any form of further construction above the second floor in the building situated in the plaint schedule property during the pendency of execution petition.
The judgment debtors had filed a counter opposing the interim order prayed for by the decree holders.
2. The facts of the case is as follows: The decree holders who are seven in numbers filed the above suit OS No.1264 of 2006 against five defendants for perpetual injunction. The subject matter of the suit was the proposed construction in the plaint schedule property ha
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