suit for partition, decree was passed - Amin filed a report stating that a 3rd party has put up construction in the suit land and prayed for suitable orders for removing the obstruction - removal of obstruction ordered with police aid - obstruction removed delivery effected - Respondent filed petition under order 21 Rule 97 - rejected as Unnumbered - High court ordered to number the petition.

Citation 

2024-1-L.W. 235

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on 24.08.2023 Pronounced on 21.12.2023 C.R.P.(MD) Nos.724 and 725 of 2020 & C.M.P.(MD)Nos.4841 and 4843 of 2020 K.Govindarajan Thilakavadi, J.

N.Rajadurai ... Revision Petitioner in both CRPS

Versus

Benadict & others ... Respondents in both CRPs

Execution/dispute to identity property, challenge to amin report of

C.P.C., Order 21 rule 97, obstruction petition, challenge to amin report

suit for partition, decree was passed - Respondents filed the execution petition for executing final decree and delivery was ordered Amin filed a report stating that a 3rd party has put up construction in the suit land and prayed for suitable orders for removing the obstruction without any application - under Order 21 rule 97 by decree holder by removal of obstruction, the delivery warrant was re-issued to the amin with police aid and break open was ordered and based on the amin's report court recorded delivery and in view of the same, the E.P was terminated - power agent of the petitioner filed an obstruction petition before the executing court which was returned stating that delivery was ordered and E.P was terminated whether after closing the execution proceedings recording full satisfaction of the decree, can it be reopened by filing an obstruction petition

Disputes relating to identity of property scope and effect According to the revision petitioner, the property delivered to the respondents 1 to 6 belongs to him whereas, the contention of the respondents is that as per the advocate commissioner's report, the properties allotted to R1 to R6 were delivered in their favour same requires adjudication by appointing an Advocate Commissioner with the help of surveyor to assert that the property has been correctly identified with reference to the survey demarcations and documents and decide whether it formed part of decree scheduled property para 12

Return order of the executing court in the obstruction petition and the Amin report is set aside.                       para 13