In a recent ruling, the Supreme Court clarified that there is no limitation period for executing a decree granting a perpetual injunction. Citing Article 136 of the Limitation Act, which explicitly states that applications for enforcing such decrees are not bound by any time limit, the Court dismissed an objection raised against the execution of a permanent injunction decree, even after forty years from its issuance.

The Court emphasized this point while dismissing an argument challenging the execution of a permanent injunction decree, even after a lapse of forty years from its issuance.

"The decree for permanent injunction can be enforced or becomes enforceable when the judgment debtor tries to disturb the peaceful possession of the decree holder or tries to dispossess the decree holder in some manner or the other or creates obstruction in the peaceful enjoyment of the property over which he has a declaration of title from the civil court in the form of a decree," observed the bench comprising Justice JB Pardiwala and Justice R Mahadevan.

"Each breach of injunction is independent and actionable in law making the judgment-debtor answerable. Where there are successive breaches of decree, the judgment-debtor can be dealt with on every such breach and the doctrine of res judicata has no application. The court is expected to take strict view and stern action."

Case Name: Bhudev Mallick Alias Bhudeb Mallick Vs Ranajit Ghoshal., CIVIL APPEAL NO.2248 OF 2025