Warrant of Delivery of Possession

Anjali Arya (Querist) 19 February 2010 This query is : Resolved
Whether Warrant of Delivery of Possession can be granted by Execution Court in Execution of a Decree of Mandatory Injunction ?

Applying the dictum of the Supreme Court, it follows that a decree for injunction must be executed in the manner provided by Rule 32 and the issue of a warrant for delivery of possession in execution of a decree for injunction is not justified either by Rule 35 of Order Xxi or clause (c) of section 51.

A Judgement is attached for your kind persual.

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