VidhiSangh

Supreme Court of India · 31/07/2017

RAJA VENKATESWARLU & ANR. versus MADA VENKATA SUBBAIAB & ANR.

[2017] 6 S.C.R. 548 · 2017 INSC 689

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Summary

Police protection in execution of a final permanent-injunction decree could not be rejected merely because the application cited Section 151 rather than Order XXI Rule 32 CPC. The execution court had jurisdiction, followed the required procedure and caused no prejudice. Its order was restored, leaving a separate specific-performance suit open on merits.

Issues

  1. Whether citation of an incorrect procedural provision defeated an otherwise competent execution application.

Provisions considered

Held

Result

Appeal allowed without costs; High Court judgment set aside and execution court’s police-protection order restored. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2017] 6 S.C.R. 548.