Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | execution of decree civil |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 : Order 2. Rule 32--Decree for injunction against State Government:-'Party'-Wilfully failing to obey decree-Execution of decree-Whether can be enforced by attachment of property of State employee who is not part to suit. Respondent no. 3 obtained a decree for permanent injunction restraining the State of U.P. and its Forest Department from interfering with his rights of cutting trees on a plot of land. Later on 'X' filed a suit and obtained a temporary injunction restraining respondent no.3 from cutting and removing trees from her plot under the guise of the injunction obtained by him. Thereafter 'X' reported to the District Senior Superintendent of Police about the disobedience of the temporary injunction; and ultimately the appellant, who was the Station House Officer of the area, seized certain logs of wood said to have been cut and removed from the plot of 'X'. Respondent no.3, moved the executing court under Order 21, Rule 32, C.P.C. impleading the S.S.P. and the S.H.O., the appellant, and alleged that their action amounted to obstruction and was in defiance of the injunction granted in his favour. The objections filed by the S.S.P. and the appellant were dismissed and their properties were directed to be attached. On revision, the District Judge modified the attachment order absolving the S.S.P. of the obstruction. The appellant, after unsuccessfully challenging the orders of the civil G courts in writ petition before the High Court, filed the appeal by special leave to this Court. |
Judge | Honble Mr. Justice M.M. Punchhi |
Neutral Citation | 1992 INSC 74 |
Petitioner | Yashpal Singh |
Respondent | Viii Addl. District Judge And Ors. |
SCR | [1992] 2 S.C.R. 183 |
Judgement Date | 1992-03-12 |
Case Number | 4533 |
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