Executing Court’s Power to Restore Possession in Violation of Injunction Decrees: A Study of Naurang v. Lrs of Late Sri Chunnilal & Ors.
Executing Court’s Power to Restore Possession in Violation of Injunction Decrees: A Study of Naurang v. Lrs of Late Sri Chunnilal & Ors. Author: Advocate Abhishek Jat The Rajasthan High Court in Naurang v. Lrs of Late Sri Chunnilal & Ors. [2025 LiveLaw (Raj) 282; [2025:RJ-JD:36343], S.B. Civil Revision Petition No. 145/2025, decided on 19 August 2025] delivered a significant ruling concerning the scope of the executing court’s jurisdiction under Order XXI Rule 32(5) of the Code of Civil Procedure, 1908. Hon’ble Justice Farjand Ali held that when a decree of permanent injunction is deliberately violated by a judgment-debtor who forcibly takes possession of the decreetal property, the executing court is vested with the authority to direct restoration of possession so as to preserve the efficacy of judicial adjudication. The dispute in this case pertained to agricultural land situated in Chak No.16 ML, Murabba No.10, Kila Nos.1 to 8, measuring 8 bighas in Sri Ganganagar. ...