Supreme Court · 2007 INSC 1141 · Decided 12 November 2007
Gurdev Singh v. Narain Singh
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1141 · [2007] 11 S.C.R. 1093
- Case number
- CIVIL APPEAL No. 5237/2007
- Decided
- 12 November 2007
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
B Execution of decree-Jurisdiction of executing court-Decree of permanent injunction restraining defendant from planting tree on suit land-Application for execution praying/or removal of trees from suit c land-Allowed by executing court observing that clear and plain meaning of decree was that the decree-As decree did not clothe decree-holder to pray for execution of decree by way of removal of trees, same could not have been directed by executing court D in the name of construing the spirit of decree under execution-Matter remitted to executing court to determine as to whether tree
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