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Supreme Court of India 2017-02-20 allowed

Prabhakara Adiga vs Gowri & Ors

Bench: 2 — Arun Mishra

In Brief

A decree for permanent injunction relating to heritable and partible property can be executed against the legal representatives of a deceased judgment-debtor. The appellant obtained a decree restraining the defendant from interfering with his possession of land. After the defendant's death, his heirs violated the decree. The High Court held the decree unenforceable against the heirs, reasoning that injunctions do not run with land. The Supreme Court allowed the appeal, holding that Section 50 CPC permits execution of all decree types, including injunctions, against legal representatives. Though injunctions ordinarily do not bind successors, statutory provisions overcome this. Requiring fresh litigation against each heir would violate public policy.

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Execution of Decrees Permanent Injunction Succession and Inheritance Code of Civil Procedure Legal Representatives Heritable Property

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