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january 2009

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.

Abdul Rehman Shora(D) By Lrs. & Ors vs State Of J & K & Anr · Niyam