Citation : 2021 Latest Caselaw 3281 HP
Judgement Date : 28 July, 2021
Execution Petition No.31 of 2020
28.07.2021 Present: Mr.Navneet Kumar Bhalla, Advocate, for the
.
Decree Holder, through Video Conferencing.
Mr.Rajesh Kumar Parmar, Advocate, for the Judgment Debtor, through Video Conferencing. Mr.Kush Sharma, Advocate, for the applicant in
objections stated to have been filed under Order 21 Rule 97 CPC
Execution Petition No.31/2020, OMP Nos.296, 297, 298/2020, 140 and 187/2021
Learned counsel for the Judgment Debtor is seeking
one week's time for having complete instructions in sequel to
orders passed on previous dates.
Mr.Kush Sharma, learned counsel, has appeared
claiming that he has filed an application under Order 21 Rule 97
CPC as third party objections and has further submitted that he
is out of station and not able to assist the Court properly today
and seeks adjournment for one week.
Learned counsel for the Decree Holder has
submitted that application by the third party, stated to have
been filed through Mr.Kush Sharma, Advocate, under Order 21
Rule 97 CPC, is not maintainable in present petition as if any
right is accrued, he is entitled to file a separate civil suit or
separate proceedings independent of present execution
petition.
Accepting request made by Mr.Rajesh Kumar
Parmar and Mr.Kush Sharma, learned counsel, adjourned for
11.08.2021.
Replies to the main petition as well as to the
applications by the respective non-applicants also be filed in the
meanwhile.
(Vivek Singh Thakur) Judge July 28, 2021 (Purohit)
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