PRABHAKARA ADIGA versus GOWRI & ORS.

PRABHAKARA ADIGA versus GOWRI & ORS.

A decree for permanent injunction regarding heritable and partible rights may be executed against the legal representatives of the deceased judgment-debtor; Section 50 CPC is not confined to particular kinds of decrees and covers injunction decrees when the right litigated survives the death of the party.

Parties
Appellant: Prabhakara Adiga; Respondents: Gowri & Ors.
Jurisdiction
India
Judgment Date
20 February 2017
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeals allowed
Legal Topics
Execution of Decree, Permanent Injunction, Legal Representatives, Judgment Debtor
Civil Procedure Execution of Decree Permanent Injunction Legal Representatives Judgment Debtor

Case Brief

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Parties

Prabhakara Adiga

Appellant

Gowri & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether a decree for permanent injunction can be executed against legal representatives of the judgment-debtor

Ratio Decidendi

A decree for permanent injunction regarding heritable and partible rights may be executed against the legal representatives of the deceased judgment-debtor; Section 50 CPC is not confined to particular kinds of decrees and covers injunction decrees when the right litigated survives the death of the party.

Court Disposition

appeals allowed

Orders

  • The impugned order passed by the High Court is set aside.
  • The direction issued by the executing court that an undertaking be furnished by the legal representatives to abide by the decree is proper.