A. INDRA KUMARI Vs. UDAY KUMAR

JUDGEMENT

(1.) The above first appeal is filed under Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') by the Plaintiff - Decree Holder challenging the order dtd. 14/9/2018 passed in Execution No.66/2011 by the Principal Senior Civil Judge and CJM, Mysuru, (hereinafter referred to as the 'Executing Court'), whereunder the Executing Court has allowed the Application filed by the Applicant/Obstructor to the decree under Order XXI Rule 97 of the CPC.

(2.) For the sake of convenience, the parties herein are referred to as per their rank before the Trial Court.

(3.) The facts in brief necessary for adjudication of the above appeal are that a suit in OS No.395/2003 was filed by one Indra Kumari (hereinafter referred to as Plaintiff/Decree Holder) against her brother Udayakumar (hereinafter referred to as Defendant/Judgment Debtor) for partition and separate possession. The suit was decreed vide judgment and decree dtd. 12/6/2008 wherein it was held that the Plaintiff and Defendant are entitled to 50% share each in the suit properties. The judgment and decree passed by the Trial Court was challenged by the Defendant in RA.No.215/2008, which appeal was dismissed. Consequently, the Plaintiff initiated final decree proceedings in FDP No.23/2008 which was allowed and the final decree for partition was drawn vide order dtd. 24/2/2010. To execute the said decree, the Plaintiff filed Execution No.66/2011. In the said proceedings, an application was filed on 19/1/2013 by one Javanamma under Order XXI Rule 97 of the CPC obstructing the delivery of the schedule premises to the Decree Holder and sought for dismissal of the Execution Petition.