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
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
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
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
directing the bailiff to remove the obstructor, the appellant herein, from the suit property, namely, 98 cents comprised in old Survey ... plaintiffs against respondents 3 and 4 as the defendants, removed the obstructor (the appellant herein) from the suit property claiming the same as their ancestral
Mouli
JUDGMENT
This second appeal is filed by the obstructor, inveighing the judgement and decree dated 26.11.2010 passed by the Sub Court, Nilgiris ... holder no one was examined and Ex.P1 was marked. The obstructors on their side examined the 3rd obstructor
1MLJ179
ORDER
Abdul Hadi, J.
1. This Civil Miscellaneous Appeal by (sic) obstructor in execution, is against the order (sic) dismissal dated ... removal of obstruction and held that the obstructors had no title or possession to the said property and dismissed the said petition. The aggrieved obstructor
obstruction. The executing Court ordered the application and ordered the obstructor Co remove the obstruction, holding that she was a trespasser. She filed a statutory ... first appellate Court. In this second appeal filed by the obstructor her learned Counsel put forward more than one contention. The first was that
