Supreme Court of India · 1996-02-02
SURINDER KUMAR vs ISHWAR DAYAL
- Citation / case number
- SC 1994/11084
- Court
- Supreme Court of India
- Petitioner
- SURINDER KUMAR
- Respondent
- ISHWAR DAYAL
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the decree for perpetual injunction under Order 21 Rule 32 CPC became unenforceable due to the construction of a new wall by the appellants in their own land, which altered the situation from that at the time of the original decree. The Court found that the previous joint wall no longer existed and that the appellants had the right to open a window in their newly constructed wall. Consequently, the execution of the earlier decree was denied, affirming the trial court's decision.