can a decree is executable without a separate prayer of Mandatory injunction?
V.V.RAMDAS
(Querist) 22 February 2009
This query is : Resolved
Sir/Madam,
Would you like to clarify my problem? My problem is - Plaintiff filed a suit for a path/way from his house to road intervening a government land over which 8 quarters exists, with a prayer to declare his right and to demolish 8 quarters along with perpetual injunction. Ultimately the court decreed in his favour and he filed for execution of the decree. So my question is can this decree is executable without a separate prayer of Mandatory injunction. If yes kindly do provide some citations of any High court or Supreme Court. Waiting for your valuable reply. -Ramdas-
PALNITKAR V.V.
(Expert) 22 February 2009
Can you reproduce the order of the court so that it can be found out whether the court has simply given right of way without demolishing the quarters or has directed to demolish the quarters also. If there is no order to demolish the quarters then you will get only a right of way.
V.V.RAMDAS
(Querist) 23 February 2009
Mr Palnitkar,
I am not fully satisfied with your answer but any I am giving here with the detaild order of the decree."It is ordered and decreed that the suit be and the sam is allowed on contest against the defendants, The defendants are pemaneltly restrained from interfering with the ssuit land and in the well constructed on the land of the plaintiffs in their land bearing plot No.879 in any manner. The plaintifffs are entitled to use the suit alnd peacfully. In the facts and circumstances of this case, the plaintiffs are entitled to the caost of this suit". Though in prryer portion the plaintiffs have prayed for demolishen of existing 8 houses over the suit plot.
PALNITKAR V.V.
(Expert) 23 February 2009
The next question is what is the 'suit land'? What type of interference the other side was doing as per your allegation? Who are the defendants? Did you allege that the quarters were constructed by committing encroachment? All the facts are necessary to interpret the decree and the order.
B.B.R.Goud.
(Expert) 23 February 2009
Mr V V Ramdas,
i agree with the views and analysis of piravi perumal and palnitkar.
