The Supreme Court recently held that a decree for permanent injunction can be executed against legal representatives of a deceased judgment-debtor.
In Prabhakara Adiga v Gowri, the defendant in the original suit had sold 1.68 acres of land, though the land allotted to him on partition was only 1.58 acres. He had then tried to remove and destroy a wooden fence and to forcibly dispossess Adiga, the owner of the neighbouring property, thereby resulting in a permanent injunction. After the death of the judgment-debtor, his heirs, in violation of the decree for permanent injunction, tried to forcibly dispossess the decree-holder from his property, contending that they were not bound by the decree for permanent injunction.
The executing court held that the heirs of the judgment-debtor were bound by the decree and directed them to undertake not to disobey it. Karnataka High Court allowed a writ petition against this decision, holding that the decree for permanent injunction could not be enforced against the legal heirs of the judgment-debtor as an injunction did not travel with land.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi.
The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
