Injunction -- Compensation in Lieu of Mandatory Injunction Not Sought -- Court cannot compel LRs of plaintiff to accept compensation for encroachment where no such relief was sought
(i) Specific Relief Act, 1963, S.39 -- Injunction -- Compensation in Lieu of Mandatory Injunction Not Sought -- The Court cannot compel the legal representatives of a plaintiff to accept compensation in lieu of a decree for mandatory injunction against encroachment, where no such relief of compensation was sought by the plaintiff. (ii) Civil Procedure Code, 1908, O.21 -- Execution -- No Decree Surviving for Execution -- Once the decrees passed in favour of the plaintiff by the trial court are set aside, no occasion arises for the Executing Court to proceed with execution, as no decree survives to be executed. A direction to the Executing Court to assess the value of the encroaching structure in such circumstances is unsupported by any decree and is not sustainable under Order 21 CPC.
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