Supreme Court of India · 2009-01-07
Abdul Rehman Shora(D) By Lrs. & Ors vs State Of J & K & Anr
- Court
- Supreme Court of India
- Petitioner
- Abdul Rehman Shora(D) By Lrs. & Ors
- Respondent
- State Of J & K & Anr
- Author
- V.S. Sirpurkar
- Bench
- Markandey Katju, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court upheld the High Court's decision to allow the execution of a decree for perpetual injunction under Section 39 of the Specific Relief Act, emphasizing that the identity of the land must be established for execution. The Court found that the Executing Court failed to consider relevant evidence and the identifiable features of the land, which led to an erroneous conclusion regarding the executability of the decree. The Court reiterated that technical objections should not impede the enforcement of a decree that has become final.