Decree of Permanent Injunction - Execution........?

... Permanent Injunction Decree and it's execution against legal representative , transfree of Judgement Debtor.......? 

                                     

- Basically decree be executed as per mode provided in order 21 rule 30 to 36 of C.P.C.1908 against judgement debtor , legal representative , transfree of judgement debtor.

- But like maxim " action personalis moritur cum persona " in certain cases  personal action dies with the person has limited application like as actions for damages , assault or other personal injury not causing the death of the party.

- Normally a decree for injunction normally does not run with the land.

- Injunction decree relating to property or right which is heritable and partible may be executed against legal heir of judgement debtor , transfree of judgement debtor.

- Decree for injunction can be executed at any time till it's satisfaction , means it have no limitation.

- In enforcement of injunction decree a judgement debtor can be either be put in civil prison or his property can be attached or both .

= = = Relevant Provision = =

- Section 50 , 146 , Order 21 Rule 16 , 32 , of C.P.C.1908.

- Article 136 of The Limitation Act 1963.

_ _ _ Relevant Judgement _ _ _ _

- Prabhakara Adiga v/s Gowri & Ors  A.I.R.2017 S.C.1061 = 2017 SAR 405.

- Yashodabai G. Naik Gaunekar v/s Gopi M. Naik A.I.R. 2003 Bom 77 = 2002(3) Mh.L.J.801.

- Mohd.Osman s/o Pir Sab v/s Devid (Dr) s/o P.D.F. Sundersingh 2011(3) Mh.L.J.227.

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