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Supreme Court of India 2017-07-31 allowed

Raja Venkateswarlu & Anr vs Mada Venkata Subbaiah & Anr

Bench: 2 — Kurian

In Brief

The appellants sought execution of a decree for permanent injunction and applied for police protection under Section 151 of the Civil Procedure Code (invoking inherent jurisdiction). The Execution Court granted the application, but the High Court interfered, holding the application should have been filed under Order XXI Rule 32 instead. The Supreme Court reversed the High Court, holding that while Order XXI Rule 32 governs injunction decrees, Section 151 may also be invoked. The critical question is whether the court has jurisdiction; if it does and no prejudice results, the exact procedural provision used is not determinative. The appeal was allowed and the Execution Court's order restored.

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Civil Procedure Execution of Decree Injunction Inherent Jurisdiction

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