Subsequent events and judgments impacting property rights necessitate reconsideration of earlier orders in execution proceedings.

JUDGMENT :

S.R. KRISHNA KUMAR, J.

1. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 [Hereinafter referred to as the ‘CPC’] by the appellants/applicants challenging the order dated 17.11.2020 passed on I.A.No.IV in Execution Petition No.258/2014 by the First Additional Senior Civil Judge, Ballari [Hereinafter referred to as the ‘Executing Court’], whereby the application filed by the appellants/applicants under Order XXI Rule 58 R/w Section 151 of the CPC, seeking adjudication of their claim in respect of the execution petition schedule property was dismissed by the Executing Court.

2. Briefly stated the facts giving rise to the present appeal are that the appellants are the brothers and mother of respondent No.2-M. Subhashchandra, against whom, the respondent No.1 instituted a suit in O.S.No.33/2010 before the Trial Court for recovery of money and other reliefs. After contest, the said suit was decreed in favour of respondent No.1 (plaintiff/decree holder in O.S.No.33/2010) against Hereinafter referred to as the ‘CPC’ respondent No.2 (defendant/judgment debtor in O.S.No.33/2010), directing the respondent No.2 to pay a sum of Rs. 17,20,000/- together with interest, costs and other reliefs.

3. The respondent No.2 preferred an appeal in RFA No.4115/2013 before this Court, which was withdrawn unconditionally by the respondent No.2, and the said appeal was disposed of by this Court vide order dated 23.02.2017. Accordingly, the said judgment and decree passed in favour of respondent No.1/decree holder against respondent No.2/judgment debtor in O.S.No.33/2010 attained finality and became conclusive and binding on the respondent No.2.

4. The respondent No.1 instituted instant execution proceedings in E.P.No.258/2014 against the respondent No.2/judgment debtor to enforce, implement and execute the said judgment and decree passed in his favour in O.S.No.33/2010 against respondent No.2. During the pendency of the execution proceedings, the appellants herein, who are the brothers and mother of the respondent No.2-M. Subhashchandra, filed I.A.No.IV under Order XXI Rule 58 r/w Section 151 of the CPC, seeking adjudication of their claim as third party objectors/obstructors, contending, inter alia, that the properties attached in the execution proceedings bearing Sy.No.366/A measuring 28 acres 96 cents and Sy.No.366/B measuring 2 acres were joint family properties, in which, the appellants/third party objectors have an undivided share. Consequently, the said attachment order passed during the execution proceedings deserves to be vacated. It was also contended that the appellants have already instituted a separate suit in O.S.No.38/2013 clubbed with O.S.No.56/2016 on the file of Principal Senior Civil Judge and JMFC, Hosapete, [Hereinafter referred to as the ‘Trial Court’] and as such, the rights of the appellants in the aforesaid two properties, which were described as Item Nos.6 and 7 of suit schedule ‘B’ properties deserve to be adjudicated, and the attachment deserves to be raised by the Executing Court.

5. The respondent No.1 having filed objections to I.A.No.IV, the Executing Court proceeded to pass the impugned order rejecting the said application. Being aggrieved by the same, the appellants have preferred the present appeal before this Court.

6. The learned counsel for the appellants submits that, during the pendency of the present appeal, the Trial Court in O.S.No.38/2013, which was clubbed with O.S.No.56/2016, has partly decreed the suit by declaring that the appellants are entitled to 1/4^th share in the suit schedule properties, including Item Nos.6 and 7 of the suit schedule ‘B’ properties, which are the subject matter of the execution proceedings and had been attached by the Executing Court in the Execution Petition No.258/2014. It was also submitted that the decision in the said suits was carried in appeals in R.A.Nos.5019/2023, 5020/2023, 5031/2023 and 5032/2023, which were disposed of vide o