SMT. NARAYANAMMA Vs. K. NANJEGOWDA

JUDGEMENT

(1.) These writ petitions are directed against order dated 2-11-2015 on I.A. No. VIII filed under Order 21, Rules 97 and 99 of Civil Procedure Code, 1908 in Ex.P. No. 14 of 2012, by the Trial Court dismissing the said I.A. filed by the petitioner objecting execution proceedings.

(2.) Heard. Shri Kalyan R., learned Counsel for the petitioner submits that the decree-holder had filed a suit in O.S. No. 28 of 1999 against three persons namely, Smt. Muniyamma, Sri Muni Annyappa and Sri Narayanaswamy. Defendants 1 and 3 filed the written statement as per Annexure-C admitting all the averments in the plaint. On consideration of the material on record, the said suit was decreed by the Trial Court against all defendants vide judgment and decree dated 21-7-2001 directing all three defendants to execute an absolute sale deed in favour of the plaintiff therein. The decree-holder initiated execution proceedings. The petitioner herein filed the instant application under Order 21, Rules 97 and 99 of Civil Procedure Code to implead her as an objector to the proceedings. The said application was resisted by filing statement of objections by the decree-holder. On consideration of the material on record, the Court below has dismissed the said application.

(3.) Learned Counsel for the petitioner, though does not seriously challenge the impugned order, so far as Order 21, Rule 97 of Civil Procedure Code is concerned, makes the following submissions assailing the order so far as it pertains to Order 21, Rule 99 of CPC: