Society, represented by the Secretary, and its members
filed Exh.12 Obstruction Application. The Society examined about six
witnesses. It contested that the Chairman ... cause of action in the name of obstruction. I, therefore,
hold that their challenge in the obstruction application suffers the
statutory
seeking for
removal of an obstruction, if made by any person.
Thus, when there is an obstruction, only such
obstruction gives a cause of action ... such obstruction. On the other
hand, I doubt as to whether the obstructer himself
can come to the court and file an application under
Order
application to the Court complaining of such resistance
or obstruction.
[(2) Where any application is made under sub-rule
(1), the Court shall proceed ... Executing Court refused to
adjudicate upon the obstruction and the claim of the
appellant who obstructed to the execution proceedings
it had clearly failed
obstruction made by Satyanarain. The Executing Court
dismissed the application holding that since it is obstruction by a third party, the
decree holder must seek ... open to
the person who intends to obstruct delivery to file an application seeking
adjudication of his rights under Order 21 Rule
obstruction made by Satyanarain. The Executing Court
dismissed the application holding that since it is obstruction by a third party, the
decree holder must seek ... open to
the person who intends to obstruct delivery to file an application seeking
adjudication of his rights under Order 21 Rule
deemed decree
under Order XXI Rule 103 inasmuch as the obstructer's
application filed by the Respondent herein admittedly
was under Order XXI Rule ... scheme; the order made by the executing Court
on the obstructer's application regardless of the
provision of law mentioned, is a deemed decree
second
petitioner, i.e., daughter of Surendranath Sharma made an
obstruction application which was also dismissed.
Thereafter, respondents took physical possession of the
main house
application.
7.Based on the materials placed on record, it is found that the
execution Court has dismissed the application preferred by the petitioner
temple ... order of the
EP Court and resultantly, allowed the removal of obstruction application
preferred by the petitioner. Impugning the same, the present second
appeal
Since consequences of allowing the
application under Order 20 Rule 90 would be more serious than dismissing
the application, the petition was dismissed ... judgment debtor and bound by decree and cannot maintain an application
obstructing the execution of the decree. Aggrieved by the same, this Civil
Miscellaneous Second
Since consequences of allowing the
application under Order 20 Rule 90 would be more serious than dismissing
the application, the petition was dismissed ... judgment debtor and bound by decree and cannot maintain an application
obstructing the execution of the decree. Aggrieved by the same, this Civil
Miscellaneous Second
