SANJAY KUMAR Vs. SUSHIL KUMAR AND ORS.

JUDGEMENT

(1.) The appellant has filed the present second appeal being aggrieved by judgment dated 8.1.2019 passed by Civil Judge, Class-I, Khategaon dismissing the application filed under Order 21 Rule 97 of C.P.C. and judgment dated 19.2.2019 passed by Addl. District Judge, Khategaon, District Dewas dismissing the first appeal.

(2.) Brief facts of the case are as under :

(3.) Shri R.R. Chandrawad, learned counsel appearing for the appellant, submits that while dismissing the appeal on the ground of maintainability, learned lower appellate Court did not consider the provision of Order 21 Rule 101 which specifically provides that all the questions including questions relating to right, title or interest in the property are liable to be determined by the executing Court. Since the suit is barred hence all the objections are liable to be decided by the executing Court in an application filed under Order 21 Rule 97 of C.P.C., therefore, the present appellant/objector is not having any remedy, but to file an application under Order 21 Rule 97.