Arif Abdul Ghani And Others vs S. Maheshwar Rao And Others on 21 July, 1999
In Arjf Abdul Ghani v Shaik Chand, , this Court took a view that the application filed under Order 21, Rule 97 cannot come within the purview of execution of decree and such an application should be treated as an application claiming title or interest in the suit schedule property and the same should be treated as if it was a suit. Such a claim petition is in the nature of a suit.