Execution Of Decree Granting Perpetual Injunction Not Subject To Any Period Of Limitation : Supreme Court

In a recent judgment, the Supreme Court stated that the execution of a decree granting a perpetual injunction is not subject to any period of limitation. This is in view of Article 136 of the Limitation Act which states that "an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation."

The Court made this observation while rejecting an argument against the execution of a decree for permanent injunction after forty years from the date of the decree.

"The decree for permanent injunction can be enforced or becomes enforceable when the judgment debtor tries to disturb the peaceful possession of the decree holder or tries to dispossess the decree holder in some manner or the other or creates obstruction in the peaceful enjoyment of the property over which he has a declaration of title from the civil court in the form of a decree," observed the bench comprising Justice JB Pardiwala and Justice R Mahadevan.

The bench added :

"Each breach of injunction is independent and actionable in law making the judgment-debtor answerable. Where there are successive breaches of decree, the judgment-debtor can be dealt with on every such breach and the doctrine of res judicata has no application. The court is expected to take strict view and stern action."

Also from the judgment - Imprisonment Of Judgment Debtor Drastic Step, Court Must Ascertain If Decree Was Wilfully Disobeyed : Supreme Court