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ARUN KUMAR JHA
Pappu Singh – Appellant
Versus
Chandra Prakash Arya – Respondent
Arun Kumar Jha, J. – The decree-holder/petitioner has filed the instant petition under Article 227 of the Constitution of India seeking following reliefs: –
“(i) For issuance of an appropriate writ/order/direction, for quashing the order dated 08.04.2021 passed by Learned Sub Judge 2nd, Kaimur (Bhabua)/ Learned Executing Court in Execution case No.03 of 2017 (Pappu Singh vs. Sheo Narayan Mallah and others) whereby the Learned court below has accepted the objection/petition filed by Respondent no.1/objector Under Order 21 Rule 97 C.P.C. by which the Learned Court below has stayed the proceeding of Ex. Case no.03/2017 till determination of Right, title and possession of respondent no.1/objector.
(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 the exec
Execution of decree – Although Objector is not party to arbitral proceedings, he can seek and obtain relief if Award has not been given fairly.
Execution of joint decrees remains valid even with subsequent transfers of interest by decree-holders, and a judgment-debtor cannot escape execution by claiming ownership.
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.
(1) To avoid controversies and multiple issues of a very vexed question emanating from the rights claimed by third parties, Court must play an active role in deciding all such related issues to the ....
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