Execution of Decree of Mandatory Injunction

Anjali Arya (Querist) 07 February 2010 This query is : Resolved
Dear Experts My query is still not satisfied.

I want to ask that

In normal course, a Decree of Mandatory Injunction is executed under Order XXI Rule 32.

Whether it is possible to take Assistance of Order XXI Rule 35 to execute following Decree :

"the JD is directed to vacate the property and handover the keys of the premises after vacating the same to DH, failing which it will be open to the DH to execute the decree and to evict the JD"

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Raj Kumar Makkad (Expert) 08 February 2010
It is possible to take even the assistance of Rule 35 of Order 21 to execute the decree passed.

Anjali Arya (Querist) 08 February 2010
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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