BANGALORE DEVELOPMENT AUTHORITY Vs. N.NANJAPPA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 21/3/2016 passed by the High Court of Karnataka at Bengaluru in Writ Petition Nos. 37943-37944/2015 (GM-CPC), by which the High Court has dismissed the said writ petitions preferred by the original applicant - Bangalore Development Authority (for short, 'BDA') and has confirmed the order passed by the Executing Court dismissing the applications filed by BDA under Order XXI Rule 97 CPC in Execution Case No. 2713/2012 filed by respondent No.1 herein (decree holder) against respondent No.2 herein (judgment debtor), the BDA has preferred the present appeals.

(2.) The facts leading to the present appeals in a nutshell are as under:

(3.) Learned counsel appearing on behalf of the appellant-BDA has vehemently submitted that while rejecting the applications filed by BDA to implead BDA in the execution petition as obstructor, both, the High Court as well as the learned Executing Court have misread and misinterpreted Order XXI Rule 97 r/w Rule 101 CPC.