superstructure unauthorisedly built by the judgment-debtor in violation of the injunction decree. The Executing Court rejected the execution case and the said ... facie, there is a violation of perpetual injunction and judgment-debtor has done so intentionally in violation of the decree", (iii) "even
this aspect. When the injunction decree is violated, the
plaintiff / decree holder can take recourse of executing the decree under Order XXI
Rule ... decree or the
order was violated. Be that it may, in cases where the violation of the injunction
decree or order is imminent
Court when dispossession is alleged by the decree-
holder in violation of the decree for permanent prohibitory
injunction. Learned counsel for the petitioner states that ... interfered in the possession of the decree holder in gross
violation of the decree then of course decree holder cannot be
left remediless. The learned
decree of permanent
injunction where the respondents have forcibly taken possession in
spite of the decree of injunction. Thus, an order of mandatory
injunction ... possession of land in dispute to decree holder in case the
decree of permanent injunction is violated by the judgment debtor.
Similar view has been
Appeal No.2432/2024.
5. In case the judgment-debtors violate the injunction decree and forcibly
take possession, whether the remedy of the decree holders ... Thus, when a decree for permanent prohibitory injunction is violated and
judgment-debtors gain possession of the decree holders property by violating the
decree
been held as under :-
8. In case the judgment-debtors violate the
injunction decree and forcibly take
possession, whether the remedy of the
7
decree ... Thus, it is clear that when a decree for permanent injunction is
violated by forcibly taking possession, the judgment debtors can
be expelled
permanent prohibitory injunction is
violated and judgment-debtors gain possession of the decree holders'
property by violating the decree, the judgment-debtors ... ought to be taken into
consideration. The decree holders have alleged violation of decree for
permanent injunction by the judgment-debtors and have prayed
execution proceeding and remedy of the decree holder
of injunction decree is to levy execution for injunction decree
as he has the effective alternative remedy ... factual score of the case, if the
respondents/contemnors have violated the injunction decree.
the remedy of the applicant is to proceed in accordance with
directing arrest of the judgement debtors
on the ground of violation of permanent injunction decree.
Factual Background:
2.The respondent herein had filed ... 2217 of 2017
Therefore, the defendants have violated the injunction decree granted by
the Court. The Executing Court further found that the defendants have
violated
permanent prohibitory injunction is
violated and judgment-debtors gain possession of the decree
holders' property by violating the decree, the judgment-debtors ... ought to
be taken into consideration. The decree holder has alleged the
violation of decree for permanent injunction by the judgment-
debtor and has prayed
