2016 AIR CC 246 (UTR) ::(2016) 130 RevDec 691 ::(2016) 4 All RentCas 410 ::(2016) 1 CivilCourtC 853 ::(2016) 2 UC 1083

Uttarakhand High Court

Hon'ble Judge(s): Alok Singh , J

( A ) Civil Procedure Code (5 of 1908) O. 21 , R. 32, S. 51 — Decree for prohibitory injunction — Issuance of warrant of possession by Executing Court — Judgment-debtor has taken possession of part of suit property in violation of decree for permanent prohibitory injunction — It is not open to judgment-debtor to say that new cause of action has arisen — Thus, decree-holder is required to file fresh suit for possession — Decree cannot be executed by issuing warrant of possession. (Paras8)