Code of Civil Procedure, seeking to record him as an
Obstructor in the proceedings. The case of the second respondent is that
he became ... from the judgment debtor is not entitled to be heard as
an Obstructor. The Court below by the impugned order dated 31.01.2001 ,
allowed
held that where the obstructors file an application praying that the warrant for delivery of possession may be recalled and seek adjudication on the merits ... that the objections filed by the decree-holder to the petition of obstructors can be treated as an application by the decree-holder to remove
decree holder
is entitled to delivery of possession as against a stranger
obstructor ... substantial question of law. It is not enough that the obstructors
are found in possession but they should further show that they
have a right
holder, the first respondent Dr.Thilagavathy will be referred as 3rd party obstructor and the second respondent K.Sekaran will be referred as judgment debtor ... delivery of possession. In the execution petition, 3rd party obstructor filed E.A.No.198 of 2009 under Order 21 Rule
been filed under Article 227 of the
Constitution of India by the obstructors against the order and decree dated
02.11.2004 made ... bailiff went to execute the order of the Court, the 11 obstructors
(R.3 to R.13) resisted the execution of the order
decision in this Civil Revision Petition at the instance of an obstructor against the execution of an order passed by the Rent Control Court ... application on the ground that the petition at the instance of the obstructor in execution is not maintainable under Order XXI, Rule
must be relevant for consideration between the parties, e.g., if the obstructor admits that he is a transferee pendente lite it is not necessary ... document and set up the first respondent herein/Sundaramurthy Chettiar as an obstructor. The further fact that the first respondent herein/obstructor claimed to have
Thomas
Bench: K.T. Thomas
JUDGMENT
K.T. Thomas, J.
1. An obstructor succeeded in two courts below in his resistance against delivery ... property covered by the decree. The obstructor is none other than the brother of the first judgment-debtor. Other judgment-debtors are the children
suit property when the same is questioned by the third party obstructors and without proving his title, the decree holder is not entitled to execute ... further submitted that being a third party to the decree, the obstructors are entitled to question the title of the decree holder to the suit
MADLJ133, 1972 RENCR 540, 1984 MADLW 743
ORDER
1. The obstructor to the execution is the petitioner. The respondent herein is the landlord who filed ... removal of the obstruction.
2. The case of the obstructor is that the suit and the compromise decree were collusive and fraudulent intended mainly
