SURINDER KUMAR AND ANR. versus ISHWAR DAYAL AND ANR.

SURINDER KUMAR AND ANR. versus ISHWAR DAYAL AND ANR.

Once the original joint wall no longer exists and a new wall has been constructed by the appellants on their own land, the altered situation renders the previous perpetual injunction decree unenforceable under Order 21 Rule 32 CPC.

Parties
Appellant: Surinder Kumar and Anr.; Respondent: Ishwar Dayal and Anr.
Jurisdiction
India
Judgment Date
02 February 1996
Procedural Posture
Civil Appeal / Appeal From the Order of the Punjab & Haryana High Court in C.r. No. 3801 of 1993
Outcome
Appeal allowed
Legal Topics
Execution of Decree, Perpetual Injunction, Order 21 Rule 32 CPC, Altered Situation and Enforceability of Decree
Civil Procedure Execution of Decree Perpetual Injunction Order 21 Rule 32 CPC Altered Situation and Enforceability of Decree

Case Brief

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Parties

Surinder Kumar and Anr.

Appellant

Ishwar Dayal and Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From the Order of the Punjab & Haryana High Court in C.r. No. 3801 of 1993

Legal Issues

  1. 1 Whether a decree for perpetual injunction restraining construction of a window is still executable under Order 21 Rule 32 CPC after parties agreed to an altered situation and new construction was made by successors.

Ratio Decidendi

Once the original joint wall no longer exists and a new wall has been constructed by the appellants on their own land, the altered situation renders the previous perpetual injunction decree unenforceable under Order 21 Rule 32 CPC.

Court Disposition

Appeal allowed

Orders

  • The order of the Punjab & Haryana High Court and the execution under Order 21 Rule 32 CPC is set aside; the old perpetual injunction decree is no longer executable.