Saraswati Devi vs Santosh Singh 2025 INSC 715 - Limitation - Execution Of Permanent Prohibitory Injunction
Code of Civil Procedure 1908 - Order XXI - When the decree is one of permanent prohibitory injunction from interference to the peaceful possession of the scheduled property, a satisfaction recorded in one EP would not result in the dismissal of a further EP filed on the ground of a subsequent interference caused. (Para 6)
Limitation Act, 1963 - Article 136 - While 12 years is provided as the period of limitation the proviso specifically provides that there would be no limitation to enforce or execute a decree granting perpetual injunction. When a permanent injunction is granted it operates perpetually against the judgment debtors, their assignees and successors and it could be enforced at any time, breach is occasioned. The decree- holder; their assignees and successors, has a perpetual right in personam against the decree holders their assignees and successors. (Para 7)
