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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S. VISHWAJITH SHETTY
Thoreyamma, W/O Late Sri K. Hutchappa @ Hutchaiah – Appellant
Versus
K.N. Chandraiah, S/O Sri Narayanaswamy – Respondent
| Table of Content |
|---|
| 1. relief sought in writ petition. (Para 1 , 3) |
| 2. obstruction claims must be recognized in execution. (Para 4 , 5) |
| 3. court's duty to adjudicate title during execution. (Para 6 , 9) |
| 4. application of order xxi and appeals in execution. (Para 12 , 14) |
| 5. writ petition dismissed for non-maintainability. (Para 15) |
ORDER :
S. Vishwajith Shetty, J.
1. This writ petition under Article 227 of the Constitution of India, is filed seeking for the following reliefs:-
"i) Quash Annexure A order dated 18/01/2024 passed by the Senior Civil Judge & JMFC, Turuvekere on I.A.No.3 in Ex.No.25/2017.
ii) Issue Writ of Mandamus directing the executing Court (Senior Civil Judge & JMFC, Turuvekere) to go on with thorough enquiry in respect of application I.A No.3 filed by the applicants/petitioners by treating the contentions raised in the affidavit in support of an application as an issue to be dealt with by recording the evidence and thereafter to pass the Judgment.
iii) Pass such other Writ/s or order/s, which are deemed to be fit in the nature and circumstances of the case, in the interest of justice and equity."
2. Heard the learned counsel for the parties.
3. Suit in OS No.36/2016 was filed by
The court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
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....
A third party claiming under a judgment debtor cannot file an application under Order XXI Rule 97; they must file under Rule 99 instead.
A person claiming independent right, title or interest in the property can resist delivery of possession even by filing an objection under Order 21 Rule 97 CPC in the executing court itself and if th....
A subsequent purchaser cannot assert rights against a prior decree holder, as established by the doctrine of lis pendens under Section 52 of the Transfer of Property Act.
Bonafide purchasers without notice of an original agreement can challenge a decree in a separate suit, as the Execution Court cannot adjudicate on the decree's collusiveness.
The main legal point established in the judgment is that a decree obtained by a tenant against a licensee can be executable against subsequent purchasers who are in possession without any lawful decr....
One joint decree-holder may apply for execution for the benefit of all unless expressly stated otherwise; courts can assess intent beyond strict decree wording.
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