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january 2009

Supreme Court of India · 2009-01-07

ABDUL REHMAN SHORA(D) BY LRS. vs STATE OF J & K

Citation / case number
SC 2007/34532
Court
Supreme Court of India
Petitioner
ABDUL REHMAN SHORA(D) BY LRS.
Respondent
STATE OF J & K
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 suit land was sufficiently established through revenue records and that the Executing Court had failed to conduct a proper investigation. The Court reiterated that a decree should not be rendered unexecutable due to technical objections that do not reflect the realities on the ground. The outcome affirmed the High Court's directive for the Executing Court to proceed with the execution of the decree, ensuring the plaintiffs' rights to the land were protected.

ABDUL REHMAN SHORA(D) BY LRS. vs STATE OF J & K · Niyam