RAMESH KUMAR Vs. RAKESH KUMAR

JUDGEMENT

(1.) THE petitioner -Ramesh Kumar is third party objector whose objections under Order 21 Rule 97 read with 47 and 151 of CPC has been dismissed.

(2.) BRIEFLY stated, the facts leading to filing of this revision petition are that Decree Holder (for short DH) had filed a suit against the Judgment Debtors (for short JDs) for possession of the rented shops which was decreed in their favour and since no appeal against the same was filed it attained finality.

(3.) DECREE Holder filed reply to these objections and raised preliminary objections regarding the maintainability and cause of action. Decree Holder denied the allegation regarding the objector being either the owner or in possession of the property in dispute. It was further stated that these objections were not maintainable in view of the objector having already filed an application under Order 1 Rule 10 CPC which had been unconditionally withdrawn. It is then claimed that this application has been filed only to deprive the DH of the fruits of the decree and linger on the execution petition.