NEETU SAINI Vs. RAM SINGH

JUDGEMENT

(1.) THIS is an execution first appeal against the order dated 06.08.2013 by virtue of which the application under Order 21 Rule 101 CPC filed by the present appellant has been dismissed by the executing court holding that the appellant has stepped into the shoes of her mother and she has no independent right, title or interest to the property in question warranting holding of an inquiry in terms of Order 21 Rule 101 CPC.

(2.) THE learned counsel for the appellant has submitted that the order which has been passed by the learned executing court is not sustainable in the eyes of law inasmuch as the question as to whether the appellant has any right title or interest in the property could not have been decided or rather rejected by the learned executing court at the threshold without permitting the appellant to adduce the evidence. He has further stated that till the time the right of the appellant is not adjudicated formally by recording of evidence, dis -possession of the appellant from the suit property ought to have been stayed.

(3.) THE learned counsel for the respondent has vehemently contested the submissions made by the learned counsel for the appellant and contended that this is only a ploy to prolong the execution and ensure that the fruits of the decree which was passed in favour of late Sh.Ram Singh, the original decree holder and had been assigned in favour of the present Respondent No.1/1 (Col.Jatinder Pal Singh) are not enjoyed by the said respondent.