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
obstruct the execution by filing
objection to the execution before the delivery
warrant is issued to obstruct the delivery
warrant, once such an application ... hearing of the application.
(2) No order shall be made on an application under
sub-rule (1) unless notice of the application has
been served
passed in HRC No.10035/2010. It is submitted
that the obstruction application after due consideration ... manner known to
law, instead without assailing the rejection of the
obstruction application, he has sought to file the present
appeal indirectly challenging the decree
prayed the Executing Court to hold a detailed enquiry on
the obstruction application and pending such enquiry, not to
execute the preliminary decree passed ... Senior Civil Judge and
JMFC., Devanahalli, which shall first decide the obstruction
application filed by the obstructers in Ex. No.25/2014
decree
was obstructed and the present obstructer by name M.G.
Surendar Gupta has filed the present application under
Order 21 Rules ... Point No.2 : The learned advocate for the obstructer, in
support of the obstructer application relied upon the following
citations :
1. Maya Devi Vs. Latha
executing court issued delivery warrant on 12.08.2016.
Immediately thereafter obstruction application was filed by
grand-daughter of the judgment debtor in execution
proceedings. After hearing ... judgment debtor
obstructing execution of judgment and decree dated
05.12.2015. After hearing both sides the said obstruction
application came to be rejected by order dated
respondent has not filed any objections to the appellant's
obstructing application. He submits that the appellant is set
up by the respondent ... consideration is
whether the Execution Court is justified in rejecting the
obstruction application filed by the appellant under Order 21
Rule
Appellate Court. He
would submit to this Court that once an obstruction
application is filed, Rule 101 of Order XXI of CPC
mandates that there ... decree holder.
Therefore, the applicant who has filed an obstruction
application has to prove not only his possession but he
has to establish further that
learned counsel submits that prior to the appellant
filing the obstruction-application, another party, namely,
Munivenkatappa had filed the obstruction application, which
went ... through the appellant's affidavit
filed in support of his obstructing application. In the affidavit, he
states that the agreement of conditional sale
executing Court whether or not the decree-holder files an application for removing the obstruction under Order 21 Rule 97 C.P.C . to decide ... execution to proceed on the basis that there was no application for removal of obstruction.
In Mahaveera 's case, Murlidher Rao, J., has distinguished
