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ARUN KUMAR JHA
Pappu Singh, S/o. Late Suryanath Singh – Appellant
Versus
Chandra Prakash Arya, S/o. Late Badri Prasad Arya – Respondent
JUDGMENT :
Arun Kumar Jha, J.
The decree-holder/petitioner has filed the instant petition under Article 227 of the Constitution of India seeking following reliefs :
(ii) For issuance of an appropriate writ/order/direction, for directing the Learned Executing court to decide the Execution case No.03/207 filed by petitioner within short span of time and as well as within Time limit framed by larger bench of Hon’ble Apex Court in Civil Appeal No.1659-1660 of 2021 (Rahul S. Shah Vs. Jitendra Kumar Gandhi and others) reported in 2021 (3) BLJ 414 (SC) vide judgment dated 20.04.2021 by which Hon’ble Apex court has directed to the Executing courts to decide
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 ....
Court exercising jurisdiction under Section 47 or under Order 21 of CPC must not issue notice on application of a third party claiming right in a mechanical manner.
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....
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....
The court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
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 in possession of property has the right to object to the execution of a decree under Order 21 Rule 97 CPC, and the trial court must consider such objections before proceeding with execution.
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