Supreme Court · 1996 INSC 1298 · Decided 6 November 1996
Jai Dayal and ORS. v. Krishan Lal Garg and ANR.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1298 · [1996] SUPP. 8 S.C.R. 538
- Case number
- CIVIL APPEAL No. 2583/1980
- Decided
- 6 November 1996
- Bench
- K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 49
Headnote
Code of Civil Procedure, 1908/Easement Act, 1882 : S.49, Order 21, R.32/s.22-Execution of decree-Plaintiff- C Appellant's suit for perpetual injunction and mandatory injunction restraining defendant from blocking passage to appellant's house decreed­ Later, the judgment-debtor constructed a in case obstruction is not removed-High Court holding that matter to be adjudicated uls 22 of Easement Act-Held, since attachment was made for D enforcement of perpetual injunction, the decree is required to be complied with-Jn the circumstances, s. 22 of Easement Act cannot be
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