Orissa High Court: Executing Court Can Evict Judgment Debtor Under Order 21 Rule 32 CPC
Court clarifies eviction powers in injunction decrees to protect decree-holder’s possession
Justice Sashikanta Mishra rules eviction is valid remedy against illegal re-entry
By Our Legal Correspondent
New Delhi: December 26, 2025:
In a significant ruling, the Orissa High Court has held that an executing court has the authority to evict a judgment debtor who illegally occupies land, even when the decree being enforced is one of permanent injunction confirming possession. The judgment, delivered by Justice Sashikanta Mishra, clarifies the scope of Order 21 Rule 32 of the Civil Procedure Code (CPC), which governs the enforcement of injunction decrees.
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This decision is expected to have a wide impact on property disputes across India, especially cases where decree-holders face repeated obstruction from judgment debtors who forcibly re-enter land despite injunction orders.
Background of the Case
The dispute involved a long-standing land conflict between two families. The father of the decree-holders, Krushna Swain, had filed a suit against the father of the petitioners decades ago. The trial court granted a decree of permanent injunction, confirming Swain’s possession over the disputed land.
However, despite the injunction, the judgment debtor’s family allegedly forcibly re-entered the land, obstructing the decree-holder’s rights. The decree-holders approached the executing court, seeking enforcement of the injunction. The executing court ordered eviction of the judgment debtor, which was challenged before the High Court.
The Legal Question
The central issue before the Orissa High Court was:
- Can an executing court order eviction of a judgment debtor while enforcing a decree of permanent injunction under Order 21 Rule 32 CPC?
Traditionally, injunction decrees are enforced through contempt proceedings or attachment of property. However, eviction is not explicitly mentioned in the CPC provisions. This raised doubts about whether eviction could be ordered in such cases.
Court’s Ruling
Justice Mishra ruled that eviction is permissible under Order 21 Rule 32 CPC. The court observed that:
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- A decree confirming possession can only be satisfied if the decree-holder is restored to peaceful possession.
- If the judgment debtor forcibly re-enters, the executing court must have the power to remove the obstruction.
- Eviction is therefore a valid method of enforcing the decree, as otherwise the decree-holder’s rights would remain illusory.
The court emphasized that the law should be interpreted in a way that prevents multiplicity of proceedings and ensures effective enforcement of decrees.
Importance of Order 21 Rule 32 CPC
Order 21 Rule 32 CPC deals with enforcement of injunction decrees. It provides that if a party disobeys an injunction, the court may:
- Attach the property of the judgment debtor.
- Detain the judgment debtor in civil prison.
- Direct that the act required by the injunction be carried out by another person at the cost of the judgment debtor.
The Orissa High Court expanded this interpretation to include eviction, reasoning that eviction is necessary to give real meaning to decrees confirming possession.
Wider Legal Context
This ruling aligns with earlier judgments from other High Courts and the Supreme Court, which have stressed that courts must adopt practical remedies to enforce injunctions. For example:
- In Ashok & Ors vs Khyali Ram & Ors (2023), the Delhi High Court held that courts should interpret Order 21 Rule 32 CPC broadly to avoid unnecessary litigation.
- Legal experts note that injunction decrees often fail in practice because judgment debtors ignore them. Allowing eviction strengthens the decree-holder’s position.
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Impact of the Judgment
The Orissa High Court’s ruling has several implications:
- Strengthens decree-holders’ rights: They can now seek eviction directly in execution proceedings.
- Reduces litigation: Prevents decree-holders from filing fresh suits for possession.
- Deters illegal re-entry: Judgment debtors will face stronger consequences if they violate injunctions.
- Clarifies procedure: Provides clear guidance to lower courts on handling such disputes.
Legal practitioners believe this ruling will serve as a precedent for other High Courts and trial courts across India.
Expert Reactions
Lawyers and scholars have welcomed the decision:
- Mahendra Bhavsar & Co., a Gujarat-based law firm, noted that enforcement of injunction decrees has always been problematic, and this ruling provides a practical solution.
- Property law experts argue that the judgment will help curb misuse of injunction decrees by judgment debtors who exploit procedural loopholes.
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Conclusion
The Orissa High Court’s ruling is a landmark clarification in civil procedure law. By recognizing eviction as a valid enforcement mechanism under Order 21 Rule 32 CPC, the court has ensured that decree-holders can enjoy their rights without being dragged into endless litigation.
This decision strengthens the rule of law and sends a clear message: injunction decrees are not mere paper orders but enforceable rights that courts will protect.
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