KEWALI DEVI . vs SUMATI DEVI . — C.A. No. 4268/2011

Case Summary: C.A. No. 004268/2011 — Kewali Devi v. Sumati Devi Outcome: The Supreme Court allowed the appeal, set aside the High Court and Executing Court orders, and restored the execution petition for enforcement of a permanent injunction decree. The Court directed that respondents (judgment debtors) may satisfy the court that they are not interfering with appellants' possession. Background: Appellants obtained a decree in 1989 for title declaration, possession, and permanent injunction against defendants. When execution was filed for ejectment and khas possession delivery, the Executing Court dismissed it, finding ejectment amounted to mandatory injunction (beyond the decree scope). The High Court upheld this, citing mismatch between defendants in the decree and execution petition. Key Finding: The Court corrected the High Court's error—the legal heirs of deceased defendant Mahabir Dubey were properly impleaded in execution, so parties were consistent. The Executing Court also erred by ignoring appellants' 2003 application clarifying the execution sought to enforce the permanent injunction, not ejectment. This case analysis is maintained by casestatus.in based on publicly available court records.