GOPALKRISHNA S. BAKALE Vs. GANAPATHI C. BAKALE

JUDGEMENT

(1.) The captioned appeal is filed by the appellants - Objectors assailing the impugned order dtd. 8/12/2025 passed in Ex.No.2401/2024 by the LVI Additional City Civil and Sessions Judge, Bengaluru (CCH-57) on the application tendered by the Objectors.

(2.) Though an objection was raised by the Office with regard to the maintainability of the appeal and though the specific statutory provision was not indicated in the objection tendered before the Executing Court, the objections filed to the main execution petition unmistakably satisfy the essential ingredients of Order XXI Rule 97 of the Code of Civil Procedure, 1908. Consequently, the impugned order answers the description of a decree within the meaning of the Code, and the appeal is therefore maintainable before this Court.

(3.) Respondent No.1 the Decree Holder instituted a suit in O.S.No.3159/2021 against respondent No.2 the original Judgment Debtor seeking ejectment. The suit was founded on the assertion that the lease in favour of respondent No.2 had been terminated and that the Decree Holder was entitled to recover possession of the suit schedule property. During the trial, the present appellant No.1 Objector was examined on behalf of respondent No.2Tenant as D.W.2.