No limitation prescribed under Act of 1963 for execution of decree of perpetual injunction

Citation

AIROnline 2022 JHA 618

Jharkhand High Court

GAUTAM KUMAR CHOUDHARY , J.

C. M. P. - 665 of 2022 D/- 10 - 11 - 2022

Amar Kushwaha v. Moti Sundar Devi and Ors.

(A)Civil P.C. (5 of 1908), S.47 - Limitation Act (36 of 1963), Art.136 - Execution proceedings

- Objection as to - Ground of limitation - Suit

for declaration, possession and permanent

injunction was decreed by way of compromise

decree - Execution petition was filed after

lapse of 14 years - No limitation prescribed

under Act of 1963 for execution of decree

of perpetual injunction - Objection as to

execution proceedings liable to be rejected.

 (Para 7) 

(B)Civil P.C. (5 of 1908), S.47 - Execution

proceedings - Objection as to - On ground

of pendency of title ejectment suit filed

by plaintiff, decree holder - Said ground

was not sustainable as execution proceedings

cannot be stayed and decree holder cannot

be restrained from prosecuting other legal

remedies against same party for a different

relief - If matter substantially in issue was

directly and substantially in issue in pending

suit between same parties, petitioner is at

liberty to raise appropriate plea in that suit -

Same would however be not available to stay

the execution proceedings.

 (Para 7) 

Cases Referred Chronological P