PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The obstructor filed the present writ petition
against the order dated 25.2.2017 passed ... present
writ petition is filed by the petitioner, who is the
obstructor in Exe.891/2009.
4. I have heard the learned counsel
file of X Assistant Judge, City Civil Court, Chennai, the third party-obstructor has filed the above Civil Miscellaneous Second Appeal
2. Pursuant ... Court, after ordering the application to dispense with the notice to the obstructor, allowed the application without giving opportunity of hearing to the obstructor. While
about 50
years. He added that the stance of the petitioners - obstructors
that they are in possession of the property is baseless ... court below could not deny
an opportunity to the petitioners obstructor to lead
oral or documentary evidence for the purpose of
proving his right, title
order allowing E.A.No.289/2009 filed by the Obstructor/Ms.Kaliammal, Mr.Balasubramanian has preferred ... declaration suit, Ms.Kaliammal has become a bona fide Obstructor and the exparte decree passed in the specific performance suit has become unenforceable
order allowing E.A.No.289/2009 filed by the Obstructor/Ms.Kaliammal, Mr.Balasubramanian has preferred ... declaration suit, Ms.Kaliammal has become a bona fide Obstructor and the exparte decree passed in the specific performance suit has become unenforceable
relevant for consideration
and determination between the parties, e.g. if the
obstructor admits that he is a transferee pendente
lite it is not necessary ... necessary that
the questions raised by the resistor or the obstructor
must legally arise between him and the decree-
holder. in the adjudication process envisaged
relevant for consideration and
determination between the parties, e.g. if the obstructor
admits that he is a transferee pendente lite it is not
necessary ... necessary that the
questions raised by the resistor or the obstructor must legally
arise between him and the decree-holder. in the adjudication
process envisaged
held that
the Executing Court can decide whether the Resistor or
Obstructor is a person bound by the decree and he
refused to vacate ... raised for consideration is the
independent right, interest claimed by the Obstructor in
the decreetal property. Both the said points are held in
the negative
application filed under Section 151 CPC by respondent
No.1 as Obstructor whereunder he sought leave of the
Executing Court to produce certain documents. Said ... impugned order dated 03.11.2016.
2. Perusal of the application filed by Obstructor
- I.A.No.15 - Annexure-F would disclose that he is
seeking production
also filed M.P.No.93 of 1992 to record him as obstructor at the time of execution. The said ... filed by the first respondent to record him as an obstructor in the E.P was rejected as not maintainable and hence, the present application
