Obstructor's Claims Over Decree Property Must Be Determined In Execution Proceedings And Not In Separate Suit

Citation

AIROnline 2021 SC 1129

SUPREME COURT

M. R. SHAH , J. and B. V. NAGARATHNA , J.

CIVIL APPEAL - 6996 of 2021 D/- 6 - 12 - 2021

Bangalore Development Authority v. N. Nanjappa and Anr.

Civil P.C. (5 of 1908), O.21 R.97, O.21 R.99, O.21 R.101 - Execution of eviction decree -

Obstruction to possession - Objector claims right, title or interest in suit property - Objector

submitted obstruction/objection in execution proceedings filed by decree holder against

judgment debtor with respect to suit land acquired by objector - Objection required to be

adjudicated upon by Executing Court while considering application/obstruction under O.21

R.97 or R.99 CPC - Order of Executing Court dismissing applications filed by objector for

impleadment in execution proceedings and/or dismissing obstruction application, erroneous.

It is required to be noted that the BDA is claiming right, title or interest in the land in question being