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
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
Rule 97 of the Civil P.C. for removal of obstruction, being Miscellaneous Application No. 2 of 3955. The defendant No. 2 contended that ... application of the defendant, who was the plaintiff in that suit, the Court made an order allowing the application and removing the obstruction. The defendant
Thirty days The date of after removing resistance or resistance or obstruction. obstruction to delivery of possession of immovable property decreed or sold in execution ... make application to the court complaining of such resistence or obstruction. Thereupon, such application has to be adjudicated in accordance with the provisions following Order
application to the Court complaining of such
dispossession.
(2) Where any such application is made, the Court shall proceed to
adjudicate upon the application ... application to the Court
complaining of such dispossession. When such application is
made, the Court shall proceed to adjudicate upon the application
in accordance with
Application (Exhibit-1 in Misc.
Application No.5/2011) made by the Respondent No.1 (Dnyaneshwar
Takalkar) has been granted. That was an application made ... issued in
his name. If, therefore, the decree is obstructed, the said
obstruction will have to be decided in accordance with
law. Two weeks time
application to the Court complaining of such resistance or obstruction.
(2) Where any application is made under Sub-rule (1), the Court shall proceed ... possession reissued and pursue that remedy even while application under Rule 97 for removal of obstruction set up including by the respondent
defendant No. 23) caused unlawful obstruction on 31st October, 1966. In view of this obstruction on they filed Miscellaneous Application ... removal of this obstruction. Both these Miscellaneous application viz., Miscellaneous Application No. 241 of 1966 and Miscellaneous Application No. 519 of 1966 were decided together
questions, arising between the partice to a proceeding in an application for removal of obstruction are required to be determined by the Court dealing with ... therefore, the Courts are refrained from entertaining an application for removal of the obstruction. Once such a contention is raised, it will
