SMT. PUSHPA RANI W/O SHRI VINOD KUMAR D/O LATE SHRI GANGA RAM Vs. OM PRAKASH S/O SHRI KHETA RAM BAGHLA ARORA, ADDRESS: 74 G BLOCK, SRI GANGANAGAR (RAJASTHAN)

JUDGEMENT

(1.) By way of this writ petition, the petitioner seeks to assail order dated 26.10.2016 passed by the Civil Judge, Hanumangarh in Execution Case No.13/2007 and prays that his application filed under Section 151 CPC be allowed.

(2.) The petitioner has set up a case that she is the actual owner of the shop which was originally of Smt Bhanwa Devi w/o Ganga Ram. It is stated that Bhanwa Devi and Ganga Ram had adopted her legally way back on 22.01.1953 and she has also filed a suit for declaring her to be their legal heir and giving her legal status of heir and daughter of late Bhanwa Devi w/o Ganga Ram and Ganga Ram. It is submitted that in view thereof, she must be treated as owner of the suit premises and the proceedings initiated by the decree-holder under Order 21, Rule 97 CPC be set aside and the execution proceedings may not be allowed to be continued in favour of the decree-holder.

(3.) The learned counsel further submits that as per Order 21, Rule 101 CPC all questions including relating to right, title and interest in the property arising between the parties to a proceeding on an application under rule 97 or rule 99, relating to adjudication of the application, ought to be determined by the court dealing with the application. The executing court, however, has not accepted the application under Section 151 CPC and has wrongly rejected the claim of the petitioner vide impugned order dated 26.10.2016. The same be, therefore, set aside.