Scope of Court Commissions Under Order 26 CPC in Executing Perpetual Injunction Decrees
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Case: PRALHAD SADU KARWAR AND OTHERS v. CHANDRAKANT SHRIPATI CHAURE AND OTHERS
Court: Bombay High Court
Date: 11-08-2026
Law: Code of Civil Procedure.
Highlights of the Judgment:
- Examination of the scope and limitations of appointing a Court Commissioner under Order 26 of the Civil Procedure Code during execution proceedings.
- Analysis of whether a commissioner can be tasked with fixing boundaries and installing permanent marks versus merely admeasuring land and preparing a map.
- Interpretation of Order XXI Rule 32, Section 47, and Section 51 of the CPC regarding the enforcement of perpetual injunction decrees.
- Reiteration of the principle that an executing court cannot go behind the decree while addressing alleged breaches.
- Evaluation of the evidentiary role of commissions versus substantive execution adjudication.