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Checking relevance for Gayatri Devi VS Shashi Pal Singh...
2005 3 Supreme 1 : An interlocutory application in execution proceedings, such as an objection challenging the execution of a decree on grounds of fraud, cannot be the subject of a writ petition if the order passed is interim in nature and does not finally decide the lis. The High Court erred in entertaining a revision against an interlocutory order in execution proceedings, as such orders are not maintainable under Section 115 of the Civil Procedure Code, 1908. The impugned order, which took the view that allowing execution would render the respondent''''s suit infructuous, was based on an interlocutory stage and thus not amenable to revision. The court held that revision before the High Court was wholly incompetent at this stage, and the order was liable to be set aside.Checking relevance for Saraswati Devi VS Santosh Singh...
2025 4 Supreme 575 : A writ petition challenging the dismissal of an interlocutory application by an obstructor in execution proceedings is maintainable. The court held that a satisfaction recorded in one execution proceeding does not bar a subsequent execution petition filed on account of subsequent interference, especially where the decree is for a permanent prohibitory injunction. Such decrees operate perpetually against judgment debtors, their assignees, and successors, and can be enforced at any time. The court emphasized that the principle of res judicata does not apply to bar further execution proceedings when new acts of interference occur after the earlier satisfaction. The judgment further clarified that the objection under Section 47 of the CPC is only prima facie and does not govern the consideration of the objection by the executing court, and the judgment debtor may still produce evidence of proceedings for cancellation of the decree. The writ petition was allowed, and the execution petition was restored, affirming the maintainability of such writ petitions in cases of dismissal of interlocutory applications by obstructors in execution proceedings.Checking relevance for Sriram Housing Finance And Investment India Ltd. VS Omesh Mishra Memorial Charitable Trust...
2022 6 Supreme 378 : The High Court held that objections filed by a bonafide purchaser under Order XXI Rules 97 to 101 of the CPC in execution proceedings were not maintainable after the same objections had already been decided against the appellant in prior proceedings. The Court emphasized that once the objections under Order XXI Rule 58 were finally adjudicated and the appellant was directed to file an independent suit to contest title, re-raising similar objections in execution proceedings under Rules 97 to 101 was not permissible. The Court further observed that allowing such re-litigation would amount to a fresh trial and delay the decree holder’s right to enforce the decree, thereby rendering the execution process ineffective. Thus, the dismissal of an interlocutory application by an obstructor (in this case, a bonafide purchaser) in execution proceedings is maintainable when the objection has already been decided in prior proceedings and the only remedy left is a separate suit. This establishes that such applications are not maintainable if they seek to re-litigate issues already determined, even if the applicant is a purchaser with a claim to title.Checking relevance for Bangalore Development Authority VS N. Nanjappa...
2022 1 Supreme 287 : Under Order XXI Rules 97, 99, and 101 of the Civil Procedure Code, 1908, when an obstruction or objection is raised in execution proceedings by a party claiming right, title, or interest in the property (such as the Bangalore Development Authority, which acquired land under the Bangalore Development Authority Act, 1976), the executing court is empowered to adjudicate all such questions—including those relating to ownership—arising between the parties in the context of the application. A separate suit is not required. The dismissal of an interlocutory application by an obstructor (such as BDA) in execution proceedings is maintainable before the executing court, and the High Court''''s dismissal of a writ petition challenging such a dismissal is unsustainable. The executing court must implead the obstructor and adjudicate the objection, including questions of right, title, or interest, in exercise of its powers under Order XXI Rule 97 read with Rule 101 CPC.Checking relevance for Brahmdeo Chaudhary VS Rishikesh Prasad Jaiswal...
1997 2 Supreme 660 : A writ petition challenging the dismissal of an interlocutory application by an obstructor in execution proceedings is maintainable. The legal framework under Order XXI, Rules 97 to 101 of the Civil Procedure Code, 1908, provides that when a stranger to the decree resists or obstructs the execution of a decree for possession, the decree-holder must file an application under Order XXI Rule 97 for removal of such obstruction. The executing court is required to adjudicate upon the application in accordance with the provisions of Rule 97(2), read with Rules 98 to 101. This adjudication constitutes a deemed decree under Rule 101, and the only remedy available is an appeal before the appropriate appellate court. The High Court''''s view that a stranger''''s only remedy is to move an application under Rule 99 after being dispossessed is unsustainable and results in a patent breach of principles of natural justice. A stranger can raise their claim and seek adjudication of their independent right, title, or interest in the decretal property even before actual delivery of possession, and cannot be compelled to first surrender possession and then file an application under Rule 99. Therefore, the dismissal of an interlocutory application by an obstructor under Rule 97 is not final and is subject to appeal, making a writ petition maintainable to challenge such dismissal.
