M. GOPINATHAN PILLAI Vs. K. RADHAKRISHNAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the person claiming under the judgment debtor/third party, challenging the dismissal of the Obstruction Petition filed under Order 21 Rule 97 of the Code of Civil Procedure.

(2.) Based upon the decree in O.S. No. 898 of 1983, an Execution Petition was filed in E.P. No. 307 of 2008, seeking recovery of 30 cents of immovable property from respondents 5 to 9.

(3.) The third party claims right only under the judgment-debtors/respondents 5 to 9 herein, based upon the sale agreement, and the judgment debtors/respondents 5 to 9 herein, having not been successful in prosecuting petition under Section 47 CPC, have set up the third parties is the finding of the Executing Court.