ANCHI DEVI Vs. PADMA RAM & ANR.

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed aggrieved against order dated 05.07.2014 passed by the executing court, whereby, the objections filed by the petitioner, though titled as under Order 21, Rule 101 CPC but in fact objections under Order 21, Rule 97 CPC, have been dismissed.

(2.) The order passed by the executing court is a decree under Order 21, Rule 103 CPC and is appealable and appeal in the present case would lie before the District Judge.

(3.) In that view of the matter, the writ petition is not maintainable and the same is, therefore, dismissed. However, the petitioner is granted liberty to file appropriate appeal before the appellate court. Petition Dismissed.