over the possession and filed obstruction application. The auction-purchasers, thereupon, filed application for removal of objection being application No. 9 of 1984 and after ... application filed by Kantilal for obstruction was rejected. It may be stated that in his obstruction application it was the case of Kantilal that
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
which the learned Executing Court has removed obstruction /
rejected obstruction application submitted by the petitioners and has
further directed the petitioners to hand over peaceful ... original
defendant no.1 tenant submitted obstruction application as third
party contending inter-alia that pursuant to one partnership deed
dated 11.10.1998 he was also
proceed to adjudicate upon the application when such application is filed under Rule 97(1) Order 21 and that application can be filed by decree ... tabular form as under :
Person obstructed
Obstructed
Remedy
1. Holder of decree for
possession
(a) On
obstruction by judgment-debtor or by person claiming under
arises from the order passed by the Executing Court rejecting the Obstruction Application filed by Hasmukh Karsandas Parmar, who was Appellant ... landlord-decree holder to remove the obstruction.
2.5 The Executing Court rejected Obstruction Application at Exh. 23 by its judgment and order dated
Moreover fact remains that neither any obstruction application is
filed by judgment debtor and only objection which has been filed by the
judgment debtor ... obstruction and to have the rights of the parties
including obstructionist adjudicated in appropriate proceedings.
9. In the present case, no obstruction application has been
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
respect of the subsequent obstruction and that every obstruction or resistance gives him a fresh cause for making an application under Order 21, Rule ... removal of resistance or obstruction. That obstruction cannot then be said to be continued when a fresh obstruction is made to delivery of possession under
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
Application No.416 of 1975 and had gone to vacate the
premises with the bailiff of the court. The opponents
of the application made obstruction ... that
obstruction application filed in the name of minor,
the applicant had filed an application in the form of
Civil Misc. Application
