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february 2017

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.

Prabhakara Adiga vs Gowri And Ors · Niyam