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ANIL KUMAR SINHA
Priyanka Kumari – Appellant
Versus
Urmila Sinha – Respondent
Anil Kumar Sinha, J. – The petitioner has filed the present civil miscellaneous application under Article 227 of the Constitution of India for setting aside the order, dated 24.08.2022, passed by learned Additional District Judge VIII, Patna, in Title Appeal No. 29 of 2021 whereby the Appellate Court has held that in the facts of the case, the petition under Order 21 Rule 99 of the C.P.C. is not maintainable, accordingly, has affirmed the order, dated 18.12.2021, passed by learned Sub-Judge IX, Patna, in Execution Case No. 40 of 2021. The petitioner has also prayed for setting aside the order, dated 18.12.2021, passed by the learned Sub-Judge IX, Patna, in Execution Case No. 40 of 2021 whereby the learned Sub-Judge has dismissed the petition filed by the petitioner under Order 21 Rule 99 holding it to be not maintainable.
2. Subject matter of the present dispute is the second floor of the residential house constructed over a small piece of land ad measuring 300 sq. ft. situated at Mohalla Machuatoli, pargana Azimabad, PS kadamkuan, District Patna, having ward No. 12 and Circle No. 9 MS plot No. 1141, 1142, 1152 Seat No. 79 Holding No. 27 (new). The property in question was purchased
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....
Joint tenants cannot be dispossessed without due process, and their rights devolve upon the death of the original tenant.
A third party claiming under a judgment debtor cannot file an application under Order XXI Rule 97; they must file under Rule 99 instead.
The court affirmed that mere interest in property does not grant standing to object in execution proceedings if title has been conclusively determined.
The court established that a suit seeking similar relief to an ongoing execution proceeding under Order 21 Rule 97 CPC is not maintainable, emphasizing the exclusive jurisdiction of the executing cou....
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 ....
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....
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