Decree holder can maintain an execution petition to enforce the decree for permanent injunction obtained by him not only as against the judgment debtors, - also as against the purchasers of the property in question from the judgment debtors

Citation

CDJ 2006 MHC 1932

N. Srinivasa Chettiar Versus Jagannathababu & Others

Head Note

Civil Procedure Code, 1908- Order XXI Rule 32 & Section 146-
Constitution of India-Article 227-Revision-Execution Proceedings-Execution petition as against the legal representatives of the deceased first defendant and subsequent purchasers of the property-Whether maintainable-Execution court rejected the petition-Under revision-

Held-this Court is of the considered opinion that as per Section 146 of the Code of Civil Procedure, a decree holder can maintain an execution petition to enforce the decree for permanent injunction obtained by him not only as against the judgment debtors, namely, respondents 1 and 2, but also as against the purchasers of the property in question from the judgment debtors, namely, respondents 8 and 9, as they claim their right under the judgment debtors-No separate decree for permanent injunction need be obtained as against them- the order of rejection passed by the execution court in EP SR No.6694/05 in O.S. No.23/84 is set aside and the execution court is directed to take EP SR No.6694/05 in O.S. No.23/84 on its file as against respondents 1, 2, 8 and 9 herein and deal with the execution proceedings in accordance with law without being influenced by any of the observations made by this Court for the purpose of disposal of this civil revision petition.

Para 11 & 12

Comparative Citations:
2006 (5) CTC 70, 2006 (4) MLJ 733, 2006 (4) LW 1060