K.RAMASWAMY
J. P. Shankar Singh – Appellant
Versus
Pacha Bee – Respondent
JUDGMENT :
1. Though the appeal is filed by J.P. Shankar Singh and Jakira Sultana, Jakira Sultana alone filed her objections to the executability of the decree through EA No. 191 of 1983. Those objections were over-ruled. Hence this appeal. The learned counsel for the appellants stated that the first appellant also adopted the objections filed by the second appellant. But, the record does not disclose that any memo, had been filed adopting the objections filed by the second appellant. Be that as it may, the objection petition filed by the second appellant relates to the houses bearing No. 301/1 and 302/2 ward in No. 25 of Adoni Municipality. She claimed to be the purchaser from Abidabi. It is contended for the appellants that the final decree passed in favour of the respondents is only in respect of the house bearing No. 303 and it has nothing to do with the house bearing No. 302. Therefore, it is a matter for enquiry. The lower Court did not enquire into the matter under Order 21 Rule 100 of the Code of Civil Procedure. The appellants cannot file any suit. Further, it is mandatory for the Court below to hold an enquiry and give a finding thereon. Since the procedure contemplated u
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