Execution Court need not entertain the petition to determine the fact that the petitioner was unaware of the litigation when she purchased the property and the question regarding the validity of the transfer made by the decree-holder to third party.

2003 (1) LW 551

 [Banumathi @ Karunaiammal V.

Citation

 CDJ 2003 MHC 416

Banumathi @ Karunaiammal Versus A.P. Athanari & Others

Head Note

Code of Civil Procedure Order 21 Rule 97, 101 & 102 - Under Rule 102, it is provided "Nothing in Rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any person - The petitioner herself would admit in the petition that she purchased the suit property while the suit in O.S.No.1306 of 1981 was pending. Under those circumstances, the execution Court need not entertain the petition to determine the fact that the petitioner was unaware of the litigation when she purchased the property and the question regarding the validity of the transfer made by the decree-holder to third party.

Para 6 & 7

Comparative Citations:
2002 (5) CTC 483: 2003 (1) LW 551, 2003 (1) MLJ 445