Supreme Court: The enforcement of an injunction order against the legitimate representatives of the ‘judgment-debtor’ is permitted
In ‘Prabhakara Adiga vs. Gowri’, a division bench of Justices Arun Mishra and Justice Amitava Roy ruled that an injunction order can be enforced against the legitimate representatives of the expired deceased debtor in accordance with the special provisions as outlined under section 50 of the Civil Procedure Code.
The court stated on the demise of the decree holder, his legal representatives or heirs are legally entitled to seek an enforcement of the order from judgment- debtor or his lawful representatives. As the cause and order for injunction exists, it would be a violation of public policy if the legitimate representatives were asked to start the litigation process afresh against the judgment-debtor.The court overturned the order of the Karnataka High Court, which ruled that the permanent injunction order can’t be invoked against the legitimate heirs of the ‘judgment debtor’ as the stay doesn’t travel with land.
The bench observed that the “Legal representatives of decree holder can execute decree for permanent injunction relating to property or right which is heritable and partible. When such is the situation, in our opinion, it would be open to decree holder to execute decree against successor of interest of judgment-debtor also,”.
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