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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
M. Venkatesh – Appellant
Versus
T. Subramanian (Died) – Respondent
ORDER :
1. The petitioner is a third party, who filed an application, alleging that he is a tenant in the suit property and also an agreement holder, having paid substantial advance towards sale consideration, approached the executing Court, challenging the sale deed dated 18.04.2012 in E.P.No.151 of 2010 and also to determine the interest of the petitioner in the suit property and to consequently not dispossess him from the suit property. The said application was filed under Order XXI Rule 99 of CPC and the same came to be returned, despite compliances made. Challenging the said order, returning the application, the present revision has been filed.
2. I have heard Mr.Ma.Pa.Thangavel, learned counsel for the petitioner and Mr.S.Ramesh Kumar, learned counsel for the contesting 2nd respondent.
3. Mr.Ma.Pa.Thangavel, learned counsel appearing for the petitioner contends that the petitioner is the tenant in respect of a portion of the suit property on and from 23.12.2020 and he has been running a mini Home Appliances/Electric and Electronic Peripherals Store under the name of style of M/s.Hi-Tech Services. It is the further case of the learned counsel for the petitioner that the 3rd respo
Petitioner was in possession and could not invoke Order XXI Rule 99 without having been dispossessed; application found non-maintainable due to lack of independent rights under existing legal provisi....
A party dispossessed after contesting execution cannot invoke Order XXI Rule 99 if they retained an opportunity to object under Rule 97, marking them effectively as a judgment debtor.
Third parties can file applications under Order XXI Rule 97 CPC to assert their rights before dispossession, ensuring procedural fairness in execution proceedings.
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 emphasized the importance of upholding the procedure established by law and held that the revision petitioner's claim to possession was flawed as it interfered with a subsisting jural relat....
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....
A third party not involved in the original suit lacks standing to object to the execution of a decree under Section 47 of the Civil Procedure Code.
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