The court determined the impropriety of the application under Order 21 Rule 97 of CPC, reiterating it does not constitute an execution petition.

ORAL ORDER

This writ petition is filed by the proposed applicant under Article 227 of the Constitution of India challenging the order dated 26.10.2024 passed in FDP No.3/2012 by the I Additional City Civil Judge and JMFC, Tumakuru, whereby the IA filed by the petitioner for impleading as an objector under Order XXI Rule 97 of CPC has been rejected.

2. Sri Ravi H.K., the learned counsel who undertakes to appear for respondent Nos.16, 17 and 18 has raised a preliminary objection stating that the application filed by the petitioner herein under Order XXI Rule 97 of CPC as an objector in the final decree proceedings is not maintainable, it is not an execution petition. Hence he sought for dismissal of the petition.

3. At this stage, the learned counsel for the petitioner submits that this writ petition may be disposed of reserving liberty to the petitioner to file appropriate application in final decree proceedings.

4. In view of the same, the writ petition is dismissed reserving liberty to the petitioner to file necessary application in the final decree proceedings, in accordance with law, if law permits.