DEEPAK KUMAR RAO Vs. BHAWANI DEVI

JUDGEMENT

(1.) The petitioner, an objector who has filed an application in Execution Case No.08 of 2012, is aggrieved of order dated 28.07.2014 by which aforesaid application has been dismissed on the ground that he has no locus to maintain the said application.

(2.) An application under Order XXI Rule 99 CPC no doubt can be maintained by a person who has staked an independent claim over the suit property, however, such an obstructor must prima-facie disclose that he has substantial right in the property [refer "Silverline Forum Pvt. Ltd. Vs. Rajiv Trust & Another., (1998) 3 SCC 723" ].

(3.) In his objection petition the petitioner has stated, thus;