An Execution Application was filed on 12.08.2010 seeking implementation of mandatory injunction part of the decree. The Execution Court dismissed said Application as barred by limitation by relying on Article 135 of the Schedule to the Limitation Act, 1963 which provides limitation for enforcement of a decree granting a mandatory injunction. The limitation period provided therein is three years commencing from the date of the decree or where a date is fixed for performance, such date.
{Para 4}
5. As the decree passed by the First Appellate Court did not specify any date for performance, the limitation period would commence from the date of the decree, as was held by the Execution Court.
IN THE SUPREME COURT OF INDIA
Petition(s) for Special Leave to Appeal C No. 4284/2023
Date of Order: 17.02.2026
Babu Singh Vs. Jalandhar Improvement Trust and Ors.
Hon'ble Judges/Coram:
Manoj Misra and Manmohan, JJ.
