Revision petition challenging dismissal of a judgment debtor's Section 47 and 151 CPC application in execution of a decree for mandatory and permanent injunction. The High Court held limitation does not bar execution of a perpetual injunction decree and found no illegality in the order below.
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[2024:RJ-JP:7892]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Revision Petition No. 48/2020
Shri Hussan Mohammed Son Of Shri Ghasi Khan, Aged About 50 Years, Resident Of Village Gagwana Tehsil And Distt. Ajmer (Raj.)
----Petitioner
Versus
Shri Ashrif Ali Son Of Shri Alam Ali, Resident Of Village Gagwana Tehsil And Distt. Ajmer (Raj.)
----Respondent
| For Petitioner(s) | : Mr. Ayush Dutt for Mr. Peush Nag |
|---|---|
| For Respondent(s) | : Mr. Alok Chaturvedi with Mr. |
| Shailendra Kumar |
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
15/02/2024
Instant revision petition is preferred aggrieved from order dated 27.01.2020 passed by learned Civil Judge, Ajmer South, Ajmer whereby learned Executing Court has dismissed the application of petitioner judgment debtor filed under Section 47 and 151 CPC.
Considered the submissions of learned counsel for petitioner and also learned counsel for respondent.
Aggrieved from judgment and decree a misc. petition no. 66/2003 was filed by defendant which was dismissed on 07.07.2006 and aggrieved from aforesaid civil misc. appeal no. 57/2006 was filed and same was dismissed on 28.02.2011.
Learned trial court has passed a decree for mandatory and permanent injunction on dated 07.05.2003. Thereafter, application
(2 of 2)
[2024:RJ-JP:7892]
[CR-48/2020]
under Order 9 Rule 13 CPC was filed by the defendant-judgment debtor, which was dismissed on 07.07.2006 and aggrieved from aforesaid a Civil Misc. Appeal No. 57/2006 was filed, which was dismissed on 28.02.2011. Then execution petition was filed by the decree holder.
A simple decree for mandatory injunction is executable within a period of three years under Article 135 of the Limitation Act but any other decree can be executed within twelve years as per Article 136 of the Limitation Act, 1963. It is also well-settled law that decree of perpetual injunction is not subject to any period of limitation.
There are no grounds for interference, as no illegality or perversity is found in the order passed by the Court below. The present revision petition is devoid of merits and is liable to be dismissed.
Hence, the present revision petition is hereby dismissed.
Misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J
CHETNA BEHRANI /39
1 issue framed by the court
Whether the executing court correctly rejected the judgment debtor's Section 47 and Section 151 CPC application regarding execution of a decree for mandatory and perpetual injunction.
4 provisions across 2 enactments
Shri Hussan Mohammed Son Of Shri Ghasi Khan
Shri Ashrif Ali Son Of Shri Alam Ali
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
