liable to be questioned in collateral proceedings, like a
separate application in execution proceedings. The Court has
further observed, that, therefore, there is no substance ... owner of the premises would be entitled to institute a suit for
ejectment in the civil courts, untrammeled by the provisions
that the
discretionary power vested with the executing court to
stay the execution proceedings by invoking Rule 29 of
Order XXI is conspicuously absent ... execution proceedings initiated by the decree
holder of O.S.No.96/2003 to stay the execution
proceedings. It is in this background, co-ordinate
order of a Court or of a Judicial
Officer acting in the execution of his office;
(3) a suit concerning an act or order purporting ... Wards, or by an Officer of a Court
of Wards in the execution of his office;
(4) a suit for the possession of immovable
property
cannot claim that the
question regarding its validity should be decided
during execution proceedings. Hence, it is
necessary that the questions raised by the resistor ... adjudication process
envisaged in Order 21 Rule 97(2) of the Code,
execution court can decide whether the question
raised by a resistor or obstructer
decree passed by the trial court and
prays for dismissal of ejectment suit.
4. Per contra, Sri H.S.Somnath, learned
counsel appearing for respondent ... Holder,
had no personal knowledge about the entire
transaction, which resulted in execution of Ex.D-2 and
no amount of evidence tendered by said
following:
JUDGMENT
This appeal is directed against the order passed by the
Execution Court (Court of the IX Additional Small Causes and
Additional MACT, Bangalore ... order XXI Rule 97, 98, 99, 101 and 104
of CPC , in Execution No.936/2012.
2. The facts of the case in brief
learned counsel for the
petitioner is that having lost in the ejectment petition filed
by the landlord earlier, the tenants would at the most ... have never come to an end as in the earlier petitions the
ejectment order has not been converted into final order and
as such
ejectment order has been passed and civil court has no
jurisdiction, tenant can always take this plea even at the stage of execution
decide the lis between the parties
even at the stage of execution as the tenant would have protection
of the provisions ... Rent Controller where he could file
appropriate application for seeking ejectment in terms of the
provisions of the Act.
Consequently, the present appeal is hereby
decide the lis between the parties
even at the stage of execution as the tenant would have protection
of the provisions ... Rent Controller where he could file
appropriate application for seeking ejectment in terms of the
provisions of the Act.
Consequently, the present appeal is hereby
