obstruction. The petition was accordingly dismissed.
5. So far as the obstructor is concerned the decree-holder's remedy is only by a regular ... noticeable that there was no objection by the judgment-debtors and the obstructor's objection was always only as to a share. The decree
obstruction. The petition was accordingly dismissed. So far as the obstructor is concerned, the decree-holder's remedy is only by a regular suit ... noticeable that there was no objection by the judgment-debtors and the obstructor's objection was always only as to a share. The decree
JUDGMENT
S.S. Byas, J.
1. This civil second appeal of the obstructors is directed against an order of the Additional Civil Judge, Ajmer ... said to be time barred because of the obstruction caused by the obstructors (appellants) earlier also on Feb. 10, 1974. According to the learned Munsif
again call upon the Court to investigate into the right of the obstructor or resister. Mr. Bhatt urged that in this manner, the provisions ... substance. If the Court investigates into the claim of the resister or obstructor on an application under Order 21, Rule 97 and decides
Judge (FTC-V) Coimbatore at Tiruppur, allowing the petition filed by the obstructor/3rd party under Order 21 Rules ... thereby excluding the undivided 1/3rd share of the petitioner/obstructor from execution of the decree passed in EP.No.83/2003.
2. The original
Thangeswari
2.Arumba Ammal
3.Ponnusamy ... Obstructors/ Appellants
Versus
1.Thirumalvalavan
2.Paramanantham
3.Malarkodi
4.Mathiyalagan
5.Kamaladevi
6.Saraswathi
7.Manimozhi
8.Valarmathi ... Valliappan
For Respondents : Mr.S.Kamadevan
JUDGMENT
The appellants herein are the obstructors, who filed the suit
holder under Order 21, Rule 97, Civil Procedure Code, impieading them as obstructors to his taking delivery. They out forward the position that ... prosecution which was tantamount to a prima facie recognition of the obstructor's rights may perhaps have been tenable. Learned Counsel for the petitioners
made on 24-8-16-959. In the meantime however, these obstructors had apparently filed a suit ... vacated only on 23-12-1959 when the suit filed by the obstructor was itself dismissed. In the meantime, however
substantive remedy wherein even adjudication of right, title and interest of the obstructor can be gone into by the executing Court in view ... Rule 97, Civil Procedure Code for removal of obstruction. But, when the obstructor himself argues before the Court seeking direction for reception of his obstruction
bring the appellants on the party array in that petition. Of the obstructors who claimed exclusive possession of separate lots of property, two persons alone ... feel that the claim of the resister or obstructor is of a temporary duration; or (d) he may think it advisable to deal with
