right and the executing court has to simply dismiss the obstruction application.
10. The learned counsel for the petitioner further submitted that the executing court ... maintainable to the executing court because such application complaining 'resistance and obstruction' by the third party could be filed only by the Decree
application to amend the affidavit filed in the said application, proposing amendments in extenso running to five full pages. Similarly, in the execution application filed ... learned Judge of the Executing Court took up the application for removal of obstruction
C Chinnappa vs Mr P Chandramouly S/O.Late ... on 22 April, 2014
Author: Ashok
right and the executing court has to simply dismiss the obstruction application.
10. The learned counsel for the petitioner further submitted that the executing court ... maintainable to the executing court because such application complaining 'resistance and obstruction' by the third party could be filed only by the Decree
learned
Additional District Judge was unwarranted because if an
application for removal of obstruction would be filed by
respondent No.1, it would stand ... objections are raised, decree holder
or purchaser has to submit application for removing
obstructions as contemplated under Order XXI, Rule 97 of
Code and until
sections 4 to 24 (inclusive) , every suit
instituted, appeal preferred, and application made after
the prescribed period shall be dismissed, although
limitation has not been ... eviction of the tenants. He submits that the appellant cannot
file obstruction application for and on behalf of the tenants.
10. Sri Papireddy submits that
herein is challenging the order passed
by the trial Court dismissing his application for appointment
of a Surveyor as a Commissioner to survey the land ... decree in favour of the decree holder. Therefore, he filed an
application obstructing the execution of the decree for
possession. The trial Court has rejected
application to the Court
complaining of such resistance or
obstruction.
7
(2) Where any application is made under
sub-rule (1), the Court shall proceed ... person who has obstructed, in case amongst the
aforesaid three persons anyone who is obstructed, has
right to file an application to the Court complaining
approach
to the District Magistrate, Bharuch to remove the
obstruction.
On filing of obstruction application before the District
Magistrate, Bharuch, the District Magistrate, Bharuch
would
application
to the Court complaining of such resistance or
obstruction.
(2) Where any application is made under sub-rule (1),
the Court shall proceed ... relevant to the adjudication of the
application, shall be determined by the Court dealing
with the application, and not by a separate suit
