execution of mandatory injunction decree
G. ARAVINTHAN
(Querist) 17 July 2011
This query is : Resolved
Suit for mandatory injunction decreed with observation, directing a defendant to get appropriate license within a reasonable time.
Article 135 says Execution to be filed in 3 years. : Limitation Act
Now after 4 years, the decree holder filed E P for implementation of the order.
Is E P Maintainable?
s.subramanian
(Expert) 18 July 2011
Ep is barred by limitation since a decree for mandatory injunction cannot be executed after the expiry of three years from the date of decree.