wall annexing a portion of the
decree schedule property willfully violating the decree.
Therefore, the original decree holder filed the above application
under Order ... alleged
date of violation. In short, the evidence available on record is
not sufficient to prove the alleged violation of decree.
8. The settled legal
have occupied but for the violation. For
example, cutting and removing of trees. If in violation of a decree for
injunction, the trees ... purpose of enforcing and
executing the decree and to meet any contingency where the decree is
violated. If we were to hold that a judgment
decree, the
decree holder gets an opportunity to apply for sale of attached
property if the judgment debtor has not obeyed the decree ... have occupied but for the violation. For
example, cutting and removing of trees. If in violation of a decree for
injunction, the trees
decree. If the defendant is
restrained from cutting open a way through the decree
schedule property and if he does it in violation ... have
occupied but for the violation. For example, cutting and
removing of trees. If in violation of a decree for injunction,
the trees
decree schedule
property will not take away their right established under the
decree and it cannot be held that the decree holders were not
residing ... conscious
violation. It is also contended that the standard of proof
required for preventing the violation of a decree is at par with
the standard
been made to the private road of
the decree holder, the decree schedule property, flagrantly
violating the decree passed in the suit. The evidence ... decree. Noticing that the 14th judgment debtor was not a
party to the suit but bound by the decree and the decree had
been violated
delivery of the property to the decree holder
from the judgment debtor who forcibly evicted the decree
holder violating the decree; and (2) When ... favour of the decree holder, it is open to
the decree holder to seek action against judgment
debtors for violation of the decree without being
second judgment-debtor, the father complaining that they had violated the decree granted to the decree-holder. An objection was filed by the legal representatives ... debtor contending that since the decree was one for injunction the decree-holder was not entitled to execute the decree against the legal representatives
decree.
Detention in civil prison or attachment of property
can be resorted to only so long as the decree
stands unenforced. Once a decree ... very decree itself and leaving the decree holder in the
lurch. It would mean that each time when there is violation
of the injunction
Commissioner to give possession
of the decree scheduled property to the additional second
decree holder. The second decree holder has filed ... judgment debtor who suffered a decree of
permanent prohibitory injunction forcibly dispossessed
the decree holder in violation of the injunction decree.
20. Now I shall
