KANCHAN DEVI Vs. BHANWAR LAL

JUDGEMENT

(1.) Heard the learned counsels.

(2.) This writ petition is directed against the order dtd.27.11.2008 passed by the learned Executing Court rejecting the application under Section 151 C.P.C. filed by the petitioner. 3. The learned trial Court observed that since the petitioner had purchased the disputed property from one of the plaintiffs Malam Singh, it was subject to Section 52 of the Transfer of Property Act and therefore, Rule 102 of Order 21 C.P.C. does not permit resistance or obstructions to possession by such purchaser.

(3.) On the other hand, Mr. Suresh Shrimali, learned counsel for the petitioners - purchasers of disputed property submitted that the learned Executing Court has erred in rejecting the application under Section 151 CPC without deciding the objections under Order 21 Rule 97 C.P.C. He further submitted that the arguments on the said application are now fixed before the learned Executing Court on 15.1.2010.