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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Saravana G., S/o. Late Gunashekar – Appellant
Versus
D. Raju, S/o. Late Doraiswamy – Respondent
JUDGMENT :
V. SRISHANANDA, J.
1. Heard Sri.Shankarappa, V, learned counsel for the appellants and Sri.Vinod Kumar B.N learned counsel for the respondent.
2. The present appeal is filed by the Objector, by name Sri.Saravana.G, son of Sri.Gunashekhar who had filed an application under Order XXI Rules 97, 101 and 103 r/w Section 151 of C.P.C vide I.A.No.9 in Execution Case No.1685/2003 which came to be dismissed after a thorough enquiry by order dated 06.12.2022.
3. The facts in brief which are utmost necessary for disposal of the present appeal are as under;
A suit was filed in O.S.No.7918/2000 for specific enforcement of the contract of an agreement to sale, executed by father of the applicant in favour of the decree holder Sri.D.Raju. The suit was being contested and at that juncture, a compromise petition came to be filed. As per the terms of the compromise, the plaintiff has agreed to allow the defendants to pay back the amount that he has received as advance sale consideration till 07.09.2003, to handover vacant possession of the suit property, failing which the defendants agreed to handover the possession to the plaintiff and also execute a sale deed in favour of the plaintiff or
The Objector must provide sufficient documentary evidence to establish independent rights to joint family property; failure to do so results in dismissal of objections in execution proceedings.
Prior decrees and established legal agreements govern claims to joint family property; subsequent claims must be substantiated independently to be valid.
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 burden of proving property as joint family lies with the party asserting it, and executing courts must allow opportunity for evidence in objections regarding property ownership during execution p....
In the absence of evidence to support a claim, the court is not required to frame issues and must form an opinion as to whether any triable issue is involved in the case.
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.
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....
Execution of an agreement concerning joint family property requires partition; unpartitioned property cannot be alienated without the agreement of all co-owners.
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