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
been placed to establish
their possession;
(b) There is a collusion between obstructors and
judgment debtors to defeat the decree
passed by competent Court ... rejected on 29.06.2011 and said
order having not been challenged, the
obstructors cannot contend that they are in
possession of the schedule premises
application for adjudication of the right, title and interest of an obstructor would lie before he is dispossessed in execution of a decree to which ... adjudicate the question of the right, title and interest of the dispossessed obstructor and pass appropriate orders under Rule 100. No application under Order
property.
(e) The buyers of property from Sri.Ramachandra
Reddy ie., the obstructors herein resisted the Execution on
the basis of their sale deeds contending ... application under Order XXI Rule 97 of
CPC , 1908 for removing these obstructors, terming them
as "buyers pendente lite"; the Executing Court vide
whereunder the Executing Court has allowed the
Application filed by the Applicant/Obstructor to the decree
under Order XXI Rule ... dismissal of the Execution
Petition.
3.1. It is the case of the Obstructor that the suit
property belonged to one Ashirvadam and his wife
Rathnamma
JUDGMENT
1. The instant appeal is filed by the Obstructor to challenge the common order dt. 23-7-96 passed ... herein, an unnumbered I.A. filed by the appellant -- obstructor under Section 151 of C.P.C. and a memo filed by the Court Receiver
HUBBALLI DISMISSING THE
APPLICATION FILED BY THE PETITIONER AS 3RD PARTY OBSTRUCTOR
IN IA NO.1 UNDER ORDER ... holders, in such case, the Court to
adjudicate the right of the obstructor.
13. He also relied upon the judgment in the case of
Babulal
Bangalore, whereby the application I.A.No.1 filed
by the appellant - obstructor under Order 21 Rules 97, 99 and 101
of CPC seeking adjudication ... other hand, the
appellant herein claiming to be the third party obstructor, filed
C.R.P.No.88/2022 before this Court, which was disposed
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
under Order XI' 1'/w. section 151 of CPC.
flhe obstructor Smt. Girijamma was examined as
"the documents ... following points for considfiration :
c'
"1. Whether the applicant/obstructor in LA.
filed under order XXI Rule
