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ROBIN PHUKAN
On the death of Roma Roy, her legal heirs – Appellant
Versus
Shipra Aditya, D/o Late Debeswar Choudhury – Respondent
JUDGMENT :
Heard Mr. P.K. Roy, learned Senior counsel assisted by Mr. S.K. Chakraborty, learned counsel for the appellants and also heard Mr. D. Mozumder, learned Senior counsel assisted by Mr. S. Biswas, learned counsel for the respondents.
2. In this appeal, under Section 100 of the Code of Civil Procedure, 1908, the appellants have challenged the correctness or otherwise of the impugned judgment and decree dated 22.12.2016 passed by the learned District Judge, Karimganj, in Title Appeal No.04/2013, whereby the learned District Judge, Karimganj, hereinafter the First Appellate Court, affirmed the judgment and decree dated 27.02.2013 passed by the learned Civil Judge, Karimganj, in Title Suit No.6/2007. It is to be noted here that vide impugned judgment and decree dated 27.02.2013, the learned Civil Judge, Karimganj, has dismissed the Title Suit No.6/2007.
3. The background facts leading to filing of the present appeal is briefly stated as under:-
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....
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....
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.
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 the interpretation of the provisions of Order 21 Rule 58 and Order 21 Rule 97 of CPC, emphasizing the maintainability of a claim petition after com....
The court affirmed that mere interest in property does not grant standing to object in execution proceedings if title has been conclusively determined.
Joint tenants cannot be dispossessed without due process, and their rights devolve upon the death of the original tenant.
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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