Can an injunction be granted in the execution proceeding?
ORDER XXI – EXECUTION OF DECREES AND ORDERS
Rule 26: When court may stay execution –
- The court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment debtor to apply to the court by which the decree was passed, or to any court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay the execution, or for any other order relating to the decree or execution which might have been made by such court of the first instance or Appellate Court if execution had been issued thereby, or if an application for execution had been made thereto.
- Where the property or person of the judgment debtor has been seized under an execution, the court which issued the execution may order the restitution of such property or the discharge of such person pending the result of the application.
- Power to require security from, or impose conditions upon, judgment debtor – Before making an order to stay the execution, or for the restitution of property or the discharge of the judgment debtor, [the court shall require] such security from, or impose such conditions upon, the judgment debtor as it thinks fit.
Suit for mandatory injunction
Para 80: It is a settled principle of law that no one can take law into his own hands. Even a trespasser in settled possession cannot be dispossessed without recourse of law. It must be the Endeavour of the court that if a suit for mandatory injunction is filed, then it is its bounden duty and obligation to critically examine the pleadings and documents and pass an order of an injunction while taking pragmatic realities including prevalent market rent of similar premises in similar localities in consideration. The court’s primary concern has to be to do substantial justice. Even if the court in an extraordinary case decides to grant ex-parte ad interim injunction in favor of the plaintiff who does not have a clear title, then at least the plaintiff be directed to give an undertaking that in case the suit is ultimately dismissed, then he would be required to pay market rent of the property from the date when ad interim injunction was obtained by him. It is the duty and the obligation of the court to at least dispose of the application of the grant of injunction as expeditiously as possible. It is the demand for equity and justice.