parties. Thereafter, the decree-holder filed I.A.No.12
and the obstructors filed the objections separately. The
obstructors also filed ... filed to protract the proceedings.
5. Aggrieved by the aforesaid order, the obstructor No.5
has filed R.F.A.No.1409/13 and obstructor
decree in respect
of portion of the property belonging to the obstructor which
was not the subject matter of execution proceedings. Said
contention came ... This order has partaken the
character of a decree and as such, obstructor namely,
plaintiff herein after dismissal of the application filed by him
under
This order was passed on the application filed by
respondent No.3-obstructor. Before passing the order, on
the same day, perhaps in the morning ... application (I.A.No.2/2002)
filed by respondent No.3-obstructor under Order 21 Rule
99 read with Section 151 of CPC. In view
1819/2011 dismissing the
application filed by the obstructor therein i.e., decree holder-
appellant herein by order dated 30.03.2013 and same having
been confirmed ... clear that executing Court can
decide whether the resistor or obstructor
is a person bound by the decree and he
refuses to vacate the property
filed Execution Petition No.936/2012. In the said execution
proceedings, the obstructor filed the application invoking order
XXI Rule ... Aggrieved by the aforesaid order, this appeal is
preferred by the obstructor.
4
5. Sri G.Narahari, the learned counsel for the appellant
submits that
interest in the property and
he is not in possession. Unless the obstructor is in
actual possession of the property and has independent
title ... Others reported in ILR 2001 Kar. page 1008 has held,
unless the obstructor proves that he is in actual
possession of the subject matter
required to
issue notice to the Decree holder, judgment
debtor and the obstructor/bajudars and the
person in the encroached area before
measuring the execution
Court made the following:
ORDER
The petitioner, who is a third party obstructor in
Execution Petition No.178/2005 on the file of Prl. Civil
