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VIVEK AGARWAL
Khatmoon Nisha – Appellant
Versus
Mohd. Irfan Kha – Respondent
ORDER
Matter is dictated in open Court.
1. This Miscellaneous Petition is filed by judgment-debtors being aggrieved of the order dated 3.12.2024 (Annx.P/4), passed by learned Principal District Judge, District Rewa (M.P.), in First Appeal RCA No.148/2024, affirming the order of the executing Court in Execution Case No.3800150/1989 and in addition holding that provisions contained under Order XXI rule 97 of Code of Civil Procedure (hereinafter referred to as 'CPC' for short), are applicable only to the decree holder and not to the judgment-debtors.
2. Shri Ashish Pathak, learned counsel for petitioners submits that he has serious objection to this interpretation and in support places reliance on decision of a Coordinate Bench in Ranchhod and another v. Hukmaji and others [2010(4) M.P.L.J. 426], to submit that expression 'any person' used in Order XXI rule 97 CPC, will include the judgment-debtor and, therefore, 1 MP-415-2025 judgment-debtor can also file objections under Order XXI rule 97 CPC.
3. After hearing Shri Ashish Pathak, learned counsel for petitioners and going through the judgment of Coordinate Bench in Ranchhod and another (supra), it is evident that Hon'ble Coordinate Bench
A judgment debtor cannot maintain an application under Order 21 Rule 97 of the CPC to resist possession, as their rights have already been adjudicated in the decree.
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 court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
A subsequent purchaser cannot assert rights against a prior decree holder, as established by the doctrine of lis pendens under Section 52 of the Transfer of Property Act.
Court executing decree shall determine all questions arising between parties to suit or their representatives in relation to execution, discharge, or satisfaction of decree and such questions may not....
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....
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