Supreme Court: Limitation to Execute Mandatory Injunction is 3 Years if No Performance Date is Fixed

The Supreme Court held that when a decree granting a mandatory injunction does not specify a date for performance, the limitation period for its execution is three years from the date of the decree under Article 135 of the Limitation Act, 1963.

The Court refused to interfere with orders of the Executing Court and the High Court, which had dismissed the execution application as time-barred.

It noted that since no date was fixed for compliance in the 2005 appellate decree, the limitation began from the decree date itself.

As the execution plea was filed beyond three years, it was rightly rejected.

[Babu Singh (D) Thr. LRs & Anr. v. Jalandhar Improvement Trust & Anr.]