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february 2017

Supreme Court of India · 2017-02-20

PRABHAKARA ADIGA vs GOWRI

Citation / case number
SC 2014/40153
Court
Supreme Court of India
Petitioner
PRABHAKARA ADIGA
Respondent
GOWRI
Author
ARUN MISHRA
Bench
AMITAVA ROY ARUN MISHRA

Judgment text excerpt

The Supreme Court held that a decree for permanent injunction is executable against the legal representatives of the judgment-debtor, despite the latter's death, as per Section 50, Section 146, Order 21 Rule 16, Order 21 Rule 32, and Section 47 of the CPC. The Court clarified that the legal maxim 'actio personalis moritur cum persona' does not apply in this context, as the decree was based on the plaintiff's title to the property. The High Court's ruling that the decree cannot be enforced against the heirs was overturned, affirming the decree's executability.

PRABHAKARA ADIGA vs GOWRI · Niyam