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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
S. Vignesh Shishir S/o K. Sathish – Appellant
Versus
Kumari Divya Paramesh – Respondent
JUDGMENT :
SACHIN SHANKAR MAGADUM, J.
1. The captioned appeals are by a common objector in O.S.Nos.71/2021 and 76/2021 assailing the order of the Executing Court rejecting the application filed under Order XXI Rule 97 of CPC.
2. For the sake of convenience, the parties are referred to as per their rank before the Executing Court.
3. During the pendency of the execution proceedings in Ex. Nos.922 and 924/2024, a third-party objector filed application in both the suits under Order XXI Rule 97 of the Code of Civil Procedure, 1908, asserting possessory rights over the schedule property. The objector contended that the decree-holder had executed an agreement to sell in his favour and, therefore, the execution of the ejectment decree in O.S. No.71 and 76/2021 would seriously prejudice his rights. The applications were strongly opposed by the decree-holder, who contended that the objector is a total stranger to the proceedings and has no locus standi to maintain an application under Order XXI Rule 97 of CPC. The decree- holder further submitted that the objector had taken contradictory stands on one hand claiming to be an agreement holder, and on the other asserting tenancy rights under the d
A third-party objector with no independent legal title or enforceable rights cannot interfere in execution proceedings under Order XXI Rule 97; prior claims rejected by the court bar subsequent appli....
A mere objection to the execution of a decree does not entitle an objector to a full inquiry unless accompanied by prima facie evidence of independent title or possession.
Execution of decree – Although Objector is not party to arbitral proceedings, he can seek and obtain relief if Award has not been given fairly.
The executing court is competent to consider all questions raised by the persons offering obstruction against execution of the decree and pass appropriate order, which is to be treated as a decree. T....
Rule 97 read with Rule 101 of Order 21 post amendment wherein the executing court has to determine under Rule 101 Order 21 of the Code that the question raised has legally arisen between the parties ....
Point of law : Transfer of property - Possession is actual defacto possession and cannot be transacted based on the period mentioned in the lease. However, at the end, every relationship comes to an ....
A third party not involved in the original suit lacks standing to object to the execution of a decree under Section 47 of the Civil Procedure Code.
A third party claiming under a judgment debtor cannot file an application under Order XXI Rule 97; they must file under Rule 99 instead.
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