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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

A decree holder sought police protection while executing a decree for permanent injunction by filing an application under Section 151 CPC (invoking inherent jurisdiction). The Execution Court granted it, but the High Court interfered, holding the application should have been filed under Order XXI Rule 32 CPC instead. The Supreme Court allowed the appeal, holding that although Order XXI Rule 32 provides for executing injunction decrees, an application filed under Section 151 cannot be rejected merely because the precise provision was not cited. The critical question is whether the court has jurisdiction and whether the judgment debtor suffered prejudice—neither of which was disputed. The court restored the Execution Court's order.

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Civil Procedure Execution of Decrees Injunctions Inherent Jurisdiction

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