undertake the exercise of adjudication
even on the allegations made by the
obstructor.
4. In absence of minimum essential
prima-facie pleadings & material ... Courts are not obliged to
mechanically permit the obstructors to
lead evidence.
Significant paragraph 14,15,16
numbers
2 S.A. No.1693/2006
JUDGMENT
2016.
2 The appellant/review applicant is the Obstructor and the 2nd respondent in A.No.264/2012 in EP.No.461/1999 ... rejected on 20.04.2015 and challenging the same, the appellant/review applicant/Obstructor has filed an appeal in AS.No.144/2015 on the file
Execution Court has raised for it to answer was, if
the obstructor John has an enforceable right or interest in the property. And, it
proceeded ... property pursuant
to a decree of a Court, the point that an obstructor was entitled to raise
is a superior title independent of the title
Appellants : Mr.V.Raghavachari
For Respondent : Mr.R.Balachandran
JUDGMENT
The obstructors before the Execution Court ... prior to the sale in their favour.
Aggrieved by this order, the obstructors have come forward with the present
appeal.
4. Given the undeniable fact
Executing Court is bound to
conduct a detailed enquiry and permit the obstructor to lead
evidence. The said course of action depends on the nature ... pleadings and material produced by the obstructor. The answer
of substantial question No. 2 depends on answer to the first question.
In view of answer
Appellants : Mr.V.Raghavachari
For Respondent : Mr.R.Balachandran
JUDGMENT
The obstructors before the Execution Court ... prior to the sale in their favour.
Aggrieved by this order, the obstructors have come forward with the present
appeal.
4. Given the undeniable fact
Execution Court has raised for it to answer was, if
the obstructor John has an enforceable right or interest in the property. And, it
proceeded ... property pursuant
to a decree of a Court, the point that an obstructor was entitled to raise
is a superior title independent of the title
Supreme Court would hold that if an
obstructor admits that he is a transferee
pendente lite, it is not necessary to determine
the question raised ... 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
Execution Court has raised for it to answer was, if the obstructor John has an enforceable right or interest in the property. And, it proceeded ... property pursuant to a decree of a Court, the point that an obstructor was entitled to raise is a superior title independent of the title
learned Subordinate Judge, Yanam.
2. The revision petitioners are the obstructors ... suit to the decree holder, it was found that there were some obstructors. Therefore, the decree holder filed an applications
