Supreme Court of India · 2017-02-20
Prabhakara Adiga vs Gowri And Ors
- Citation / case number
- AIR 2017 SUPREME COURT 1061
- Court
- Supreme Court of India
- Petitioner
- Prabhakara Adiga
- Respondent
- Gowri And Ors
- Author
- Arun Mishra
- Bench
- Amitava Roy, Arun Mishra
Judgment text excerpt
The Supreme Court held that a decree for permanent injunction against a judgment-debtor is enforceable against their legal heirs, despite the legal maxim 'actio personalis moritur cum persona'. The Court cited Section 50, Section 146, Order 21 Rule 16, Order 21 Rule 32, and Section 47 of the CPC, establishing that the decree remains executable as it pertains to the property itself, not merely the person. The High Court's ruling that the decree could not be enforced against the heirs was overturned, affirming the decree-holder's rights.