SITA DEVI BAGARIA Vs. RAMAWTAR BAGARIA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 8/12/2023 (Annexure-7) passed in Execution Case No.09 of 2002 is under challenge in this CMP, whereby learned Senior Civil Judge, Rourkela entertaining an application filed by the third party intervener-Opposite party No.2 held that the Petition under Order XXI Rules 97 to 103 read with Sec. 151 CPC and Sec. 44 of the Indian Evidence Act, 1872 has been registered as CMA No.137 of 2022 and stayed further proceeding of the execution case till disposal of the said application.

(3.) Mr. Sharma, learned counsel for the Petitioner submits that the Petitioner is the decree holder in Execution Case No.09 of 2002. At the stage of issuance of warrants for delivery of possession with police help, CMA No.137 of 2022 was filed. Since the Court proceeded with the execution case, an application was filed by the third party intervener-Opposite party No.2 to register the petition filed under Order XXI Rules 97 to 103 read with Sec. 151 CPC and Sec. 44 of the Indian Evidence Act, 1872 and to stay further proceeding of the execution case. By that time, the said application was registered as CMA No.137 of 2022. Learned Executing Court, without taking note of the fact that the third party intervener had no semblance of right, title and interest in respect of the suit property and has no claim against the decree holder, proceeded to adjudicate the same. It also stayed further proceeding of the execution case without delivering vacant possession of the suit property to the Petitioner. Hence, the Petitioner, being aggrieved, has filed this CMP.