obligatory for the Executing Court to decide the matter of the obstruction application on merits by making necessary investigation of facts ... Coram : T. U. Mehta, J.) This revision application was against the revision application where the obstruction application rejected by the trial Court. On page
application to the Court complaining of such dispossession.
(2) Where any such application is made, the Court shall proceed to adjudicate upon the application ... right to say that since he has filed an application to remove obstructions under R. 97, O. 21 and that executing Court is obliged
1862/1996. The third party applicant has filed an
obstruction application under Order 21 Rule 97 of CPC by
specifically alleging that his father ... 1997, he is not barred from filing third
party obstruction application and therefore, would request this
Court to reverse the decree passed by the Executing
under Order 21, Rule 97 of CPC . That Court rejected
the obstruction application, through its order, dated 30th January 2016. Further
aggrieved, only Jugal Kishor ... finds the obstruction valid, the executing court dismisses the
execution.
(e) Is Recording of Evidence Necessary in Obstruction Application?
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under Order 21, Rule 97 of CPC . That Court rejected
the obstruction application, through its order, dated 30th January 2016. Further
aggrieved, only Jugal Kishor ... finds the obstruction valid, the executing court dismisses the
execution.
(e) Is Recording of Evidence Necessary in Obstruction Application
obstructor. The 1st defendant has already filed objections to the said
obstruction application and the execution petition is posted for cross
examination of the plaintiff ... same facts and sought
for the same reliefs in her obstruction application filed in the said
execution petition. Unless the claim of the plaintiff
question, that was resisted by the obstructer and not only this, the obstructer filed an application under Order 21 Rule 97 CPC on 14.10.2003 before ... dismissed.
S.B. Civil Transfer Application No. 8/2004
28. This transfer application has been filed by the obstructer with the prayer that the Execution
Kelly-the judgment debtor to the Court Commissioner; and rejecting the obstruction application (Exh.49) preferred by the appellant in Execution Petition ... suit premises were filed, and therefore, for the removal of the obstruction the application (Exh. 53) was filed by the present respondent (decree holder) under
second obstruction. The first obstruction might be by a stranger and the decree-holder might consider that any application to remove such stranger summarily would ... make his application, and the fact that he bad failed to make an application in respect of a previous obstruction would be immaterial
submitted similar
application at Exhibit 184 (impugned application), the
obstructor has no right to raise any grievance by objecting to
the impugned application filed ... Application no.11781 of 2006, has categorically
recorded the submissions of the learned advocate for the
obstructor, whereby the obstructor withdrew his objection
application below
