application to the Court complaining of such dispossession.
(2) Where any such application is made, the Court shall proceed to adjudicate upon the application ... right to say that since he has filed an application to remove obstructions under R. 97, O. 21 and that executing Court is obliged
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
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
RAMANAGARA, DISMISSING THE OBJECTIONS/ WRITTEN
STATEMENT FILED BY THE OBSTRUCTER/OBSTRUCTER/JRD.NO.6
U/ORDER XXI RULE 98 OF CPC .
THIS APPEAL COMING ... present appellant/Judgment debtor No.6 has
filed an obstruction application under Order 21 Rule 98 of CPC
5
before the executing Court. The appellant
application to the Court
complaining of such resistance or obstruction.
2) Where any application is made under sub-rule (1),
N.S. Kamble/Megha ... action to
the decree-holder to make an application for removal of
the obstruction or resistance by such person..."
16. In Shreenath (supra
children of the decree
holder had tried to obstruct the execution of the decree by
filing application under Order 21 Rule ... reasons assigned by the
Execution Court that once there is an
obstruction application, the same has to be
dealt in and the rights
filed an
4
application for review. The executing Court by its next
impugned order dated 13.09.2022 has rejected the
application once again observing that ... Issues that are already settled with the
rejection of the Obstructers' application. The petitioner
has therefore filed the application for review and that
judis
CRP(MD)No.2282 of 2022
application filed to set aside the ex-parte decree was also dismissed and therefore,
the decree passed ... vendor of the plaintiff, Dhamodaran.
4.He further submitted that the obstruction application filed by the
petitioners
partition has filed the above appeal
challenging the dismissal of his obstruction application filed ... execution proceedings for recovery of his share. The
appellant has filed the obstruction petition when the bailiff had gone over
to take possession
respondent No.1/decree holder. It also held that the
obstruction application was hit by Order XXI Rule ... pendente lite purchaser and therefore,
the application was not maintainable and thus, rejected
the application.
7. Feeling aggrieved by the aforesaid
adjudication, which resulted
