K SATYA REDDY Vs. ANASUYA DEVI

JUDGEMENT

(1.) This Civil Revision Petition under Article 227 of Constitution of India is filed challenging the Order dt.03.05.2017 in I.A.No.99 of 2016 in I.A.No.225 of 2015 in O.S.No.97 of 1983 passed by the III Additional Chief Judge, City Civil Court, Hyderabad on the ground that the respondents 1 to 3 filed an application under XXI Rule 97 CPC raising objection against the delivery of property setting up of an independent title on various grounds. But, the only ground raised before this Court is that such application has to be filed in E.P. but not on original side as I.A. Order XXI Rules 97, 98 and 101 CPC pertains to objection or obstruction and resistance of delivery of property in execution of decree, but as it is E.P. filed by the petitioners herein, E.P.No.1 of 2005 was closed and filed E.A.No. 3 of 2017 for revival of the E.P. and to proceed further and till today, E.A.No. 3 of 2017 is pending before the executing Court.

(2.) Therefore, the respondents 1 to 3 are entitled to file an application in E.P.No.1 of 2005 in O.S.No.97 of 1983 raising objection , resistance or obstruction to delivery of possession of the property under Order XXI Rules 97, 98 and 101 CPC. Therefore, the petitioners are given liberty to file an appropriate application before the original Court where the I.A. is pending to file an application for conversion of I.A. into E.A.

(3.) Accordingly, the revision petition is disposed of granting liberty to the respondents 1 to 3 as stated above. There shall be no order as to costs.