Law: Civil Procedure Code (V of 1908)

Section: 47 , 115 , 32 , 54

Civil Procedure Code (V of 1908)---

----Ss. 47, 115 & O.XXI, R.32---Specific Relief Act (I of 1877), S.54---Suit for perpetual injunction---Execution of decree---Restoration of possession and removal of encroachment---Executing Court, powers of---Respondents/decree holders were aggrieved of their dispossession and encroachment made by petitioners/judgment debtors over suit property---Held, that where holder of decree for injunction was dispossessed by judgment debtor or his possession was interfered with by encroachment or otherwise, the holder of such decree could apply to Executing Court for restoration of his possession or removal of encroachment from suit land--Such decree holder could not be asked to go and institute a fresh suit for restoration of possession etc.---Trial Court, Lower Appellate Court and High Court in exercise of revisional jurisdiction held that respondents/decree holders were in possession of suit land---Petitioners/judgment debtors dumped construction material upon suit land of respondents/decree holders and Executing Court had rightly directed for removal of the same---Decree of injunction was not just a piece of paper, rather had same legal force and effect as any other decree---Decree holder of an injunctive decree, if dispossessed by judgment debtor could have applied to the Court on the strength of same decree for restoration of his position under S. 151, C.P.C., which provision could also be pressed into service for restoration of possession of a decree holder of perpetual injunction---High Court declined to interfere in concurrent orders passed by two Courts below---Revision was dismissed, in circumstances.

Mst. Naseem Akhtar and 4 others v. Shalimar General Insurance Company Limited and 2 others 1994 SCMR 22 and Muhammad Hussain and others v. Muhammad Aslam 1988 SCMR 151 ref.