High Court Karnataka High Court

S S M And Sons vs Nanjamma Since Deceased By Her Lr on 15 October, 2008

Karnataka High Court
S S M And Sons vs Nanjamma Since Deceased By Her Lr on 15 October, 2008
Author: B.V.Nagarathna
 

IN THE HIGH COURT 0? KARNATAKA A? EAfléALoaE5

DATED THIS THE 1S" DAY of og€pk£:if2c§8 _ 

BEFpRE' A_
THE HON'BLE MRs.JuéT:¢z_B V ngaéaégnna
HRRP Nos.39i2Qo2;fiéif2Qé2.& 4622602

BE TWEEN

Haayféé/0éf_,§ 

1 s S*M & SONS" "w*
CARRYING ow BUSINESS IN HOSIERY
.MIN pREM:sEs*No1102 {OLD NO.lO0)
.5 LAKsHMI«apILuING, BALEPET
V-« ~' BAN@ALoRE+S3
v, .32? BY ITS PARTNER SRI.KHIMCHAND
'--'= ~'a 2 ... PETITIONER

(af%sRI $0k VASANTH, ADv.,)
  AND ,_ .

-.4-an-«.4-u

'".'" -_j} MANJAMMA, SINCE DECEASED BY HER LR
T' V G.H.PREMAKUMARI, 56 YRS, 9/0 LATE
NANJAMA W/0 M.BASAVARAJ, R/0 No.7



_ 2 ,

5TH DIVISION, GIRLS SCHOOL ROAD
CHICKBALLAPUR

2 RAJANNA SINCE DECEASED BY LRs,mjf 'C'

A)SW%RNAMMA
W/O LATE RAJANNA
MAJOR ;_
R/O ca:cKBALLAPUR'.fm

BBIEIRISH s/0 Lars RAqAB&A'r_ -
MINOR, REP BY_M0THER_swaRNAMA
R/O CHICKBALLAEUR * *' VYn =

C3 HARISH s¢Q_LA?E"R3sAM$A 

MINOR} hfiE;BY HdTHER,SfimRNAMMA
3/0 CHT3KB3LL59"5 .;

D)RfiJNITH'S7§fiATEwRAJANNA
MINOR; REP BX"MQTHER SWARNAMMA
A.R/0 CHICKBALLAPUR

 ".mazé§buIums 3k;a'4 A38 numsrnn V70
=_.a$,_3,4,29e2_

. . . RESPONDENTS

{BY SR: A KRISHNA BHAT. ADV.' FOR R-1;
sR1~3 K SHETTY, Anv., FOR R{A-TO D);

." fifinR&3 a~4 ARE DELETED v/o DT. 3.4.02)

x _  ' THIS HRRP IS FILED U/S.50{1) OF KRC ACT
"j.wRJw.sEc.46(2) or KRC BET p£AIN9r THE COMMON
"= ORDER DATED 11.12.2001 PASSED ow IA No.10 IN



-3-

€.X.P.NO.86l1/93 ow THE: FILE! 0:? xi:-.'}:~.DDLT.%_".1~:c;-Q8611/93 on THE FILE or THE II ADDL.

'Snag; CAUSES JUDGE, BANGALORE, DISMISSING IA
V_ Nb;X FILED U/O 21 I2 97 TO 101 cpc CLAIMIM3
J"ff?ExANcy RIGHTS.



_ 7 -

THESE HRRPs COMING C»: Rflk fiEA§1§e"i%istg

BAY, THE COURT MADE THE FeLzew1Nq:_"

ORDERt'

..._.._.............--........._

These three feyisiefie fietitiefié ate filed
by the app1tcantsLefiethed £@ié§fl1.A.Nos.X, XI
and XVI ;'§§£oré_ ;t5e'vwfi6ufitE':below, being
aggrievee eb§"*th¢*5$ism§égg1' of the same by
ordetHeetedtfiietéeéflfitxie Execution Petition
No.8é11?l993;e}e"

-

‘ 5?. V The Htelevant facts «of “the case are

t’.thattenefS¢t.Nanjamma and her son Sri Rajanna

‘ I

who ,a:e? since deceased and Rajanna being

‘x;epteeented by his legal representatives, had

t{tfiied an eviction petition in HRC No.2844/1981

~ against the tenants in respect of premises

bearing No.100 and 102 which shall hereinafter

be referred to as the ‘scheduletjprefiieee’h,

under Section 23_<1)(a), §'fi')';'-.(_hr.; .;.-:fi;iih1(:p-;l'«a§$~§

the Karnataka Rent CQntrel_ Bet, i;961«.a§n,it_

then existed, before the Court of Smaii Causesi

at Bangalore. By ;the;kbfiaer Wjateflh"28:3.1987,
the said evictioh pe:i:i§n:§a§ allowed under
Section 21iiy!h)§ eireetifig_ the tenants to
vacate the prefiieegihithih six mnths frem the

date of_thegor&er. Being aggrieved by the said
oraer,t'..V_CR:9 ':sz§'.'~1é:'3:}:iA! i'987 and CR? 550.1262/1987

wag preferre§"hy the tenants. This Court, by

'*e:;._rderWeiatefiremi$es to the landlords viz., Nanjamma and

“i*~~§ajanna. During the pendency of the said

revision petitions, Rajanna died on 30.10.1987

£4.

-9-
and his legal repreaentatives were brought on

record.

3. Subsequently, on _Hw}8,iQ:i§93t!Fr

execution petition was fiied fly agxy the iegai

representatives of »:Rajanna= in. .Execution=

Petition No.8611/1993.”*:t is éigfiifiegnt that
though Nanjamma’Qas sh0fiflta$”3 petitioner in

theaexecfition§petition,oehe had not signed the
same apd_tn¢tei§:§ had not joined the legal

representatives of Rajanna in preferring the

fl”.saicVexecptionwoetition. During the pendency

E= oi the Said execution petition, an application

has fiilefi by one Maganlal under Order XXI Rule

i”_97 to 99 CPC {I.A.No.2) contending that he is

‘Xithe son of one of the tenants in respect of

. the schedule premises. During the pendency of

the said application, Nanjamma died on

2&4

J1

-19..

28.8.1996. I.A.No.2 came to be diefiieeefl§hy_

an order dated 16.11.199;;6A._

challenge made to the said other and fienee§

the same has attained’fina1it§. V

4. Subsequently; :gR}Ne.8 was filed by
the petitioner,g””G.H.?:eeekefiefi in HRRP

No.21/2QQi un§er~$eetion :51 of CPC seeking to

imleadlfiereeifi–eeLone of the decreemholders
an tfig_g;ouge teat she was one of the legal

representatives of Nanjamma and also a legatee

l”.gnde§l the will’ executed by Nanjamma dated

:=l2i.1.i9gé;.} The legal representative of

Rejanna who is one of the joint decree-holders

l”_in the eviction petition objected to the said

iviapfilication and the Court below dismissed the

esaid application.

,2«/,.

– 11 –

5. Being aggrieved by thg”i$aifi:~@rder rr

passed by the Executing C§fir£;’$R$*fi0;6$9]1§97

was filed before this icfiurt _wn;¢n ifi3s;r

however, dismissed bf”;§rderV”détéd i§ri.1997V

confirming the i§rderi:§a$$§&_ by itfie trial

Court.

6.€ Wfiefiwimaffifirsaréfpofi thus, I.A.Nos.X
and XI Qérewfiie§R§y_tfi§ petitioners in HRRP
No.3§72GO2″afidCH§Ré”flb.40/2002 under Order XXI

Rule _ 9? . CFC .7r$ising objections to the

i”.éXécfi£i6n by éfifitending that they were tenants

i*iwfi§ $r§”ifid§cted into the schedule premises by

the ;;e’t.i.:*iioner in HRRP No.21/2002.

7. I.A.No.XVI was filed by the

rpetitioner in HRRP No.21/2002 under Order XXI

Rules 97 to 101 C90 raising objections to the

&’

…1_2_

execution petition. By’ an;”¢r§§ffl

by the said order, the §fipl;céfit:ifi I;A.No.XVI
before the Cour£7_bé1q§i”hg%r_preferred HRRP
No.21/2002.randr~t5¢vr§§néfir§ijQho are the
app1icahf%!¢§%:.$.§.#r§;¥ éfid; xx before the
courguvfie;§§;_fi§§¢rF§§é§§r§é§ HRRP No3.39/2002
andtéfl/fidfizgrrépégrively.

fit Sihré éfig getitioners are aggrieved

by é=comfiofi or@er dated 11.12.2001, all the

. rrgvisionrapetitions have been connected and

: .HeardFtQg@fher and disposed of by this order.

“9. 1 have heard Sri A.Krishna Bhat,

r:iéérned counsel for the petitioner in HRRP

“TNo.2l/2002, Sri H.K.Shetty, learned counsel

3:.

-u—.._

– 13 –

for the respondent/ legal represent.e_t’hiVVe:s ._ of”
Rajanna and Sri K.K.Vasanth,

who appears for the pe’ti_tiofi’e_rS iiotifxei

two revision petitions shae’-. the
submissions of Sri it

10. it: ieii$hbfiitt§§¥hofi”woeha1f of the
petitioherehthet sigh; hhmeti, the petitioner
in _’ other than the
naturaii who is one of the

joigt”decree§ho1ders in the HRC petition and

the legatee under the will and

i”‘t_hoje§;h’4:”her:”‘vr:ight is through Nanj amma, during

the pehdehcy of the execution petition, she

it 1-“3C1_ obtained possession of a portion of the
“”:~fVVc’he:<;iule premises and thereafter let out the

"same to the petitioners in HRRP Nos.39/2002

and 40/2002 and therefore, they being in

:§£4t

-14-

possession, the decree could not fhave. been

executed against them. Its -is, ifurtnezii.

submitted that on an apniication filed finfier

Order XXI Rule 97 or’gnder!Rule;§§iQ?C; the;

Executing Court ought to hold an enfiuiry and
that the procedfife undef”Qtcer XXI Rule 100
CFC applies and it is angibgofis to a suit and

therefore; étneitconftieheiowi erred in not

holdino en efiquirg on their applications and
summe;i}y:’dis$issing= the said applications.

He therefore reqnésts this Court to set aside

».c-At5§ impugneo order and direct the Court below

“tcV;ecohd evidence on their applications and

thereafter, pass orders in accordance with

law”._H_ 3

11. Per contra, it is submitted on

behalf of the respondents that subsequent to

fl»

, ;5 _

the order passed by this Court in too ¢i§i1

Revision Petitions confirming theilordofn of “.

eviction, the legal represéntatifies of Rojénna

who is one of ‘the joint ‘qéc§ee4h¢iae:é fh§d,

filed. the exeoutioni”. pétitionfiiiooéotingw

possession of the schéduio pgemioés ond the
other joint decree;holdeE5boifig late Nanjamma

under whom tho potitionof in HER? No.21/2002

viz.g Prémé_KuoarjRgs said to have derived her

title could’notfhafié”maintained an application

under ofoeg XXI Rfiie 97 to 101 cpc and that

ii” when her statoé fias that of a joint decree-

i»fioidefpii$ho~ was not a stranger to the

prooeedifig although she had not joined others

t»in tho execution of the said decree and that

udttho application filed by her viz., I.A.XVI was

R””tM_not maintainable and that she had no locus

standi to file that application by contending

fix

-15-

that there was obstruction in the exeeutienflefih

the decree en the ground that she has ebteineé«V

pessession whereas, such an;apnlication:eeuld,

have been nmintainad eniy twee: deereeeheiderh

against a stranger g”an§nh:thetefore} the
application was riehtlfixfejeetefi by the Court

below. He~Ljfufithef£ issbmitsr that the

applicatierins—.V”I’§V’A.§N-Q’3:;’§£4.. _x3: filed by the
petitioners in HRH? hosts?/2002 and 40/02 who

claim right; tiege and interest through Frema

Kumari cofild net have Haintained the same as

. w_t5é§ had {m2 hetter right or £1 higher right

Ewthan’tErema=LKumari and hence. the Executing

Ceurt_risht1y dismissed the said applications.
.12s Both the counsel have relied upon

i tfeettain decisions which shall be adverted to

(I

13.
submissions, the points _that atiséj fog. my”

consideration are as follonsrfio 1V.o,’ g¢-7f
_Qiin’ %HRRP;L

1.

-17..

Taking note of

Whether the _ petitioner

No.21/2002 and rpetitionefs :hi HRRPi

No.39/2Gfi2_and HERE No.40/20¢2 could

‘”noyo§nainfiéineé an application under
‘iord§:fnxxi~»Ru1es 97 to 101 CPC
aia@ainstVnnother joint decree holder?

“,If ‘fifiéi answer to point No.1 is in

%’iLno negative, whether ting Executing

~i§Court was justified in dismissing

the applications filed by the

revision

&

petitioners in these

petitions?

tné2″f7:i§ai~

-18..

14. The relationship between_.t_Pj1″e.V.piartiéa

in these cases are not in

Raj anna and Prema Kumazi a1:’e the Ch’ii.icir”en1–. of V’

late Nanjamma and Nanj’;”iéeartV;:.r.i1z3_ an£.’i~.V_ had
filed the Q;-esooottvvvof the
schedule premises an order
of evictiorg” this Court,
execution: only the legal
No doubt , Nanj amma
who * the’ decreeholder had not

p1:ef.e.I:1:edu”a_fivexeoution petition. It is also

‘V “not~-tiirfidisputévwtfiat Prema Kumari, apart from

“fl<:i,a_i.1ghter of Nanjamma, has also

1n<2§penae%;:§-.tiy ciaimed right, title and

Z"'~.__V"*iAnte:5e.at in respect of the schedule property

'A T:."V»b13'.,_*}irtue of a will said to have been executed

Nanjamma on 21.1.1987. At this stage, it

is relevant to mention that Enema Kumari had

&.

-19..

preferred I.A.VIII in the

petition with a prayer to~'”impl&e;’3d as

one of the decreeho1ders._A.h~e1:’«.

from Nanj arruna and alisolliigayn the ‘ the’

will executed by lganj ‘1 . The
said application the ground
that she Vf.3£-‘.LI’1_u’>t on record as
Nanj amma-f execut ion petition
and partition suit pending in

0. the validity of the

wi1,l..wae””tobde iadijdudicated and that Nanjamma

‘ ‘made. enquiry held with regard to

by one Maganlal in the

Ex.ecqtihr}*AiCourt that she had not executed any

The said application for impleadment

dismissed and the same was upheld by this

V. ,_._*:”.’ourt, by its order dated 4.2.199′? in CR?

No.689/199′? which has attained finality.
/’

_ go _

Therefore, the status claimed by Brema Khmari ”

was in fact as as decreefholeer although she

was not permitted to be_imfileaded, Sash EeinoV»

the case, the question for consideration is as
to whether Prema’kfimari;;hein§aa joint decreer
holder, could hayeisfilefi ,gfiffia§p1ication in
I.A.No.XVI sneer erder fifil Rule 97 CFC raising
objection to the eg§§u£isn’§£ the decree on
the graundighgg she had ohtained possession of
the la§heau:§7jr§g§¢§ses and had inducted
t&32n§erl’ V

ul’l$ae fit «this stage, it is relevant to

rater to the provisions of Order XXI Rules 97

V”»to lOl so as to answer point No.1 with regard

xletoilthe maintainability of the application

E”.__fi1&d by the petitioner in HRRP No.21/2902.

Order XXI Rule 97 CFC deals with resistance or

/451/.

_ 22 _

16. On a conspectua readingjiofhitheeea

provisions, it becomes, _eleag- Mghatio 35*.”

application under Rule 97 of Gide: xi: nan he

maintained. only’ by Q; person_ who, claims an.

independent right and nQ£aa=;;ght”either under
the judgment dehtot-otjaioeoneeholder. This
13 the Settiefi P§5iti°§=§fi ia§§h But, in the
instant ca3g§;§s£;angei§; tag application has
claims to be a
joint=Ideereé;5§1eeraWin one breath and an

indepenoent person who has let out possession

‘ *- of the sohednie premises to tenants in another

‘7, breath, 7 .33 already’ noticed, an application

wae fiied by Prema Kumari contending that she

t~Ais uaeijoint decreeholder along with Rajanna

W ‘Claiming right, title and interest through her

_ mother Nanjamma. Such being the position, she

could not have maintained an application under

I}; .

-23..

Rules 97 to 99 of Order XXI ef flC$¢R”hYia

contending that she was a sttaagerfahdehafi an

independent right bye viftee offiibeihgiVin,

possession of a portien of” the? eteeertyt

Hence, in my opifiion?N£fie_%§?1iC%£i5fi itself
was not nmihtainabie ah@ eeefitito have been
dismisseefliiei iimihe th§tvthei Court below.
Similafiygiethe»Eefieiieatéehs filed by the
‘§::§5;39/2002 and 40/2002
since they claim

right, titieeane ihterest through Prema Kumari

fl”._§he;Yfiia_ not “have tttt the locus etandi ‘or an

-indefiehdent right to maintain such an

application. Therefore, the said applications

V”_;ale0a ought to have been rejected at the

i*threshe1d. Therefore, point No.1 is held

} against the petitioners for the aforesaid

reasons and the applications filed by them

-25-

application filed by one Maganlal.

said order dated l6.ll.996, the o§u:£f£ei§wV«

has recorded that the teVidenceolon_lrecordi

establishes that there wee a colineion between

the applicant (MaganlalT,and”P,W,fi5f§aeatarajd

ohusband of Prema_xumarii]afie_Naajammai(p.w.3)
who was under tne camera; oi FfWO2U It is

further stated Nanjamma was not in a position

to mote afloat au¢*£¢ patalytic stroke and day-
to–day,*her healtn had deteriorated and that

in 1989 itself, sfie was not in a position to

ll”-‘pet fvhet Signature and therefore, the

‘i,$eignateteeL}at Ex.P.1 to 9 could not be

acceptedgl The Court below also observed that

t» the etidence of P.Ws.1 to 3 on I.A.No.II could

ll*not be believed and that the applicant

f(Maganlal} was not an independent tenant under

Nanjamma, the first decreeholder and that she

&

_ 25 _

was not in possession of the schedule”-._prem.i’e-es.,1 V’

having an independent right; i0h. the’

the said findings, I.A.:1.iwgé,<ais@:ssed"»§na*.

there being no chal1enge""t«t}3. the it
has attained finaiityifflafitfit#eoset§etions of
the Court below' lends
support to on account
of the"; f;5¢is¢a;":j§§,j~:.A.uo.::, the
and XVI were also
rej ecteeti an enquiry. In my

\é'iex.,:–,.e j tfie Court vbelow was justified in

thevviiébfialications *-I.A.Nos.X, XI and

tutti *£i1¢é} finder Grder xx: Rules 97 to 99

wi*t__hotri;~ an enquiry thereon.

1.8. I aim supported in my View by the

.,V_..cEie<.:ision of this Court reported in ILR 2003

KAR 660 in the case of (SR1 RAMACHANDRA vs

&.

..27..

sMT.KEMPAMMA AND cmnans) wherehi it it helc t.

that Order xxx Rule 97 cpc in ap§1tca§1g to a.

person. who claims ant independent_ right tnot*,

either under the judgnent _debtor:tor@ucecree
holder and that genyf t§ttg5″.c1atmiat right
under the. decree _holde# gagj er iessee cannot
invoke the n§o§i$tQu§fyf finder fix: Rule 97 of
CPC. Fron the §5ot§?§t¢tsion; it becomes clear
that an anglicent figs t5 have an independent
right fiin_ snag; itfir maintain an application

under_Oraer XKI Rule 97 C90 and not either as

fl’.a”dééteé.ho1dé£ or a judgment debtor. In the

” instant cése, however, it is ununderstandable

as. a joint decree holder could have

Vatmaintained an application resisting execution

i> of the delivery warrant by contending that she

. had put tenants in possession of a portion of

the schedule premises. Kgfi/¢,

-28..

19. In the case of Vie

KANNAN AND erases reported’-,in;”‘JTi§’ 2064″

the Hon’b1e Supreme Cc;t_1_1′:s*;.. was».efVti1e”A.3rj<._ew _i§thVet._'°.

when there is ne pf irewsiiziengce from
the side of V }#?$5:_r¢iGiCf-Qioniistvs, the
app1ication'.V.unde35– 97 of CPC
eught te" of the above
reasoning this judgment,
* instant case, has not
predueeei so show that she was in

pd~tsseeeion"~.eAf the suit schedule premises and

';"f:,;rtheAr.:'"£:h_et she is entitled to maintain an

under Order 21 Rule 97, CPC and

suheviieehiéng one of the joint decree holders and

it iiiew of the finding given earlier by the

ti'-Zitrial Court while disposing of I.A.No.II,

it can be safely held that on the basis of

fie.

-29..

the decision of Hon’t:-le
petitioners herein failed,..iizfoufi.;e.1,ibet~a’nt’ti.atei

their plea that .»f:h_ey v”x;{e’re

possession of the scheciuiv1e_VV premises ‘fin their
own right and hm-2_zrf)’–ce f(;r.i’.”~t_h,e’«.M3aid reason, a
further enquiry with’=.rec;arci’to”w–.that aspect was

not nece_$%~;ar5y._. . ”

<fah'~–"also be placed on
another_ Hon' ble Supreme Court
in_the'i<:.asve ofA'$iI;§?'ER FORUM PVT. LTD. VS RAJIV

ANDAAVANQTHER reported in (1998) 3 sec

it has been held that a third

'party 't:o.t:;the decree who offers resistance or

obstruction to execution of the decree would

within the ambit of Rule 1.01. of Order 21

GCPC, if an adjudication is warranted as a

consequence of the resistance or obstruction

/%

-39..

made by him to the executienof th’e’v*cie<:jfee*._ i'Jr_<':'-"

doubt if the resistance "tem'ac'ie'

transferee pendente Viite

debtor, the scope of tfould be
shrunk to the ".v:q1;1»e:etVi.'eAn"whether he is
such a trans.fveree.VV–~–a.§,n:ci in the
the execution
court has no right to
resist clear language contained
in Rule cpc. Exclusion of such

a t:;':'ar'ssferee__f'rom' raising further contentions

the salutary principle enunciated

52 of the Transfer of Property '

.215 The Court further states that under

V' 'ff€2x!Vrtier 21 Rule 9?, CFC the question which

legally arise for determination between the

fix

.x
cinna-

.. 31 ..

parties only will have to be determined by the
Execution Court. In other words, the Court is

not obliged to determine a question_t~V~1fee_<rely

because the resistor raised it.
held that the third party;,…..:gho _'{:i'tié';'etViofiS'..the"".
validity of a transfer

holder to an assignee,_v"'*~cannotV c1eiim§._'tv!–'zeti the,"

question regarding it_svVV:'q\_Ia3:idit"y.:_should be

decided _A proceedings. It is
further 4' held' Z-t'he_it._:"edjudication mentioned in

Or§i'evr_ ,V"Ru.ie9;7(2} need not necessarily

.in*Ici5IteVVi'A~e deteiiied enquiry or collection of

: Court can make the adjudication

on a.dr'ui?t'ted facts or even on the averments

.An3ade".–i:;ay the resister.

22. Learned Counsel for the petitioners

has relied upon the dictum laid down by the

&

-32-
Supreme Court in the case of BRAHMDEO
CHAUDHARY Vs RISHIKESH PRASAD JAISWAL AND

ANOTHER reported in AIR 1997 supamma ceugrrass

in order to highlight about the fégfiémg.

enunciated in the statutory~provisidfifof,Crderr

21 Rule 97 to 103 cpc whieh ash; eompiggéigaae

for resolving all Vdisputes_ pertaining tea

execution of decree fer pessessidn ebtained by

a idecreegheider}a_and-W whose attempts at
executihg ‘the -3316» decree meet with rough

weatherr Eh this Secision, it is stated that

fl” _ehee*freaistahee is offered by a “purported

runstrafiger%Fto the decree and which comes to be

Anote§’b§ the Executing Court as well as by the

iAAQeeree–holder, the remedy available to the

‘gideeree-holder against such aux obstructionist

-;is only Order XXI, Rule 97 sub-rule (1) and he

cannot bypass such obstruction and insist on

y

-33-

issuance of warrant for passe-esionAzdder’-..Crder”

21, Rule 35 with the help ‘gf p§g1;i’c»e”.rfofeeV,._’t’e;s:’

that course would amcunt

circumventing the proce’ci:3:V’;:fe_VV under
Order 21 Rule 97′ retrieval of
obstruction Aef to the
decree. View on
the by the Hon’ble
Suprezhe decision in no way
assists petitioners, inasmuch

as, they c}-..aAAizn”‘t.1;ir<::Ltgh a joint decree holder

aririlication under Order 21 Rule

as strangers to the decree,

which already held are not maintainable

VV"a3_ti'1.ere is no person who is a stranger to the

."d_Vecree who is alleged to have obstructed in

…the execution of the decree. Rather, in my

view, these applicants, who are the

%

-34..

petitioners, infect are causing obstruction in
the execution of the decree obtained by Late

Nanjamma and Late Rajanna and which deoree is

being executed by the tegal represehtatiVeefof*

Rajanna. .~w-_

23. Learned Cbunsel for the fiwiitionerea

has also relied upon enotherideeieion in the
case N.S.S. NARA£f;émp. Vs M/S.

GOLD§_I’O£~§_E’.’ __'(£’>) LT£).,. AND OTHERS

reporte<i–,ii'nV'P;IR._ SC 251 to contend that

.~M. Order 21 Rfiie 93 to 103 CPC is a clear scheme,

'~Qhereifr"the legislature has 'veetedr right in

ithe Exeeuting Court to deal with all issues

relating to such matters and. that in the

i'_inetant ease, the Execution Court ought to

ehave ordered that an enquiry on the

applications filed by the petitioners herein,

e.

..35..

rather than,

applications without recordinqjthenevideneer

The proposition laid, dawn Tin’ thier.§ecieionio

have to be harmoniouslfh reao*.Qithl§another
decision of Hon’hle-Sfiereeeeeourt referred to
above viz., _repoArt_e_dtV 3 sec 723,
wherein, “iit}D bee ieheenihisteted that the
adj of Order 21 cpc
woulovtetetgleee only when the question raised
have legally e§isen”between the parties and

consequently such questions are relevant for

l’consideretion and determination between the

t~§a;£1és, Since it has been already held by me

that sthet applications themselves were not

“‘maintainable, in View of the circumstance of

‘gpetitioner viz., Premakumari, who derived such

i=. right, interest and title over the schedule

property through one of the joint decree

flr

summarily dismissing ._the, °

– 35 –

holder v:i.z., Nanjamma and there

obstructor who has been ihnatned.’

applications, the Court._belew:”w_as

not adjudicating the reeerdingii

the evidence as

24. eyes; the ,a£oresaie Wreasons, these
RevisionuV’E?eti–i?;:i,en.e’ and the Court
be:I.Oi«T di’i~.e:”<:1Li'es:;1.4"i"If;:<i5"*–.initiate further steps in

acct) rdaingcze _wit h' .

ii ._.1\t stage, learned Counsel for

1: the ;§e§it1¢ne:= in HRRP No.39/02 and 40/02

ei1_bmi..t~:§_vi”j’..-that some time may be given to the

_Apet:’Lt._i”oners to vacate the premises and hand

‘–..V’e.v_er the vacant possession. The same is

qiobjected to by the learned Counsel for the

respondent. In View cf the feet that I have

&: