2014 Supreme(Raj) 2166
RAJASTHAN HIGH COURT
Arun Bhansali, J.
Anchi Devi - Appellant
Versus
Padma Ram & Anr. - Respondent
S.B. Civil Writ Petition No. 9488 of 2014.
Decided On : 18-12-2014
Advocates:
For the Petitioner:S.G. Ojha, Advocate.
Headnote:Constitution of India, 1950 – – Article 227 – Maintainability of Writ Petition filed aggrieved against order of the executing court – Objections filed by the petitioner though titled as under Order 21, Rule 101 Civil Procedure code, but in fact objections under Order 21, Rule 97 CPC, have been dismissed – Order passed by the executing court is a decree under Order 21, Rule 103 CPC and is appealable – Appeal in the present case would lie before the District Judge – Writ petition is not maintainable – Petition is dismissed.
JUDGMENT
1. - This writ petition under Article 227 of the Constitution of India has been filed aggrieved against order dated 05.07.2014 passed by the executing court, whereby, the objections filed by the petitioner, though titled as under Order 21, Rule 101 CPC but in fact objections under Order 21, Rule 97 CPC, have been dismissed.
2. The order passed by the executing court is a decree under Order 21, Rule 103 CPC and is appealable and appeal in the present case would lie before the District Judge.
3. In that view of the matter, the writ petition is not maintainable and the same is, therefore, dismissed. However, the petitioner is granted liberty to file appropriate appeal before the appellate court.Petition Dismissed.
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