16 May 2025 Civil Appeals >> Civil & Consumer Law  

The Supreme Court of India recently overturned a High Court order in Saraswati Devi & Others v/s Santosh Singh & Others., that had dismissed an execution petition (EP) related to a permanent prohibitory injunction. The case, arising from Civil Suit No. 44 of 1988, involved a decree granting a permanent injunction against interference with the peaceful possession of an agricultural field.

The core issue stemmed from the Executing Court's decision, affirmed by the revisional court, to reject a subsequent execution petition (EP No. 2 of 2012) on the grounds of res judicata. This rejection was based on an earlier EP being closed with a recorded "full satisfaction," under the assumption that the decree-holder's absence implied satisfaction and the judgment-debtor's written undertaking not to cause obstruction.

The Supreme Court highlighted that the High Court had "misconstrued the entire case" by upholding the dismissal of the EP. The Court clarified a crucial legal principle: a satisfaction recorded in one execution petition for a permanent prohibitory injunction does not prevent the filing of a subsequent petition if a new interference occurs.

Crucially, the Court emphasized that Article 136 of the Schedule to the Limitation Act, 1963, provides no limitation period for enforcing or executing a decree granting a perpetual injunction. A permanent injunction operates perpetually against the judgment debtors, their assignees, and successors. It can be enforced at any time a breach is occasioned, as the decree-holder retains a perpetual right in personam.

Finding the orders of the High Court, the executing court, and the revisional court flawed, the Supreme Court set them aside. The Execution Petition No. 2 of 2012 has been restored and remitted back to the Court of Civil Judge, Senior Division, Champaran, for fresh consideration. The Supreme Court's observations on the Section 47 CPC objection are prima facie and do not bind the executing court, which will also consider any proceedings initiated for the cancellation of the original decree.

Section 47., Code of Civil Procedure - 1908  

Code of Civil Procedure, 1908