Execution of Decree of Mandatory Injunction

Anjali Arya (Querist) 06 February 2010 This query is : Resolved
We have got a decree of mandatory injunction for Judgment Debtor to vacate a property.

However the Judgement Debtor died after passing of Decree.

Whether the Decree could be executed against the LR's of deceased Judgment Debtor ?

What should we do ?

Ref : AIR 1986 DELHI 279

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Raj Kumar Makkad (Expert) 06 February 2010
Yes. The decree is liable to be executed through the legal heirs of deceased judgment debtor.

kranthi kiran (Expert) 06 February 2010
As suggested by learned senior, the decree can be executed against the L.Rs of J.Dr. Only where the decree relates to a personal obligation laid on the J.Dr,(such as injunction) then only, execution proceedings cannot be intiated against the J.Drs. In your case, the decree deals with delivery of possession to you as such execution can be intiated against L.Rs by impleading them in the E.P

Arvind Singh Chauhan (Expert) 06 February 2010
I agree with above opinions.

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