CPC Obstructor’s Claims Over Decree Property Must Be Determined In Execution Proceedings And Not In Seprerate Suit : SC

KEY TAKEAWAYS

• Recently, the Supreme Court observed that cases brought up by an obstructor including issues identifying with right, title or interest in the property in execution procedures documented by the announcement holder against the judgment borrower, must be arbitrated upon by the Executing Court in the execution procedures itself.

DETAILS

• Name of the Case : Bangalore Development Authority vs N. Nanjappa and another
• A Bench including Justice MR Shah and Justice BV Nagarathna has mentioned the objective facts while conveying its judgment in a common allure recorded by Bangalore Development Authority testing the Karnataka High Court's structure excusing writ petitions documented by Bangalore Development Authority against the request passed by the Executing Court excusing its applications under Order XXI Rule 97 CPC in Execution Case documented by the declaration holder (R1) against the judgment debt holder (R2)
• The Bench noticed that it is the particular instance of the BDA that in accordance with the securing of the land being referred to, the BDA has turned into without a doubt the proprietor and the said land is vested in the BDA. Further belonging was at that point taken over by the BDA and the land was given over to the Engineering Section.

QUESTIONS

• Do you agree with the decision of the bench?
• What is the full form of CPC ?

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