June 18, 2019:
Karnataka High Court has observed that a party to the decree cannot maintain an obstructor’s application under Order XXI Rule 97 & 101 read with Section 151 of CPC, 1908.
A bench of Justice Krishna Dixit has passed the order in the case titled as A.N. Amruth Kumar vs A.N.Vanitha on 13.06.2019.
Petitioner, being the respondent in FDP NO. 5/2012 arising from the judgment and decree in a partition suit in O.S.No.2/2008 is invoking the writ jurisdiction of this Court for assailing the order dated 22.11.2018 whereby the Court below has rejected his application in IA No.7 as obstructor under order XXI Rule 97 & 101 read with Section 151 of CPC, 1908.
High Court however dismissed the petition by observing "When above was the position, petitioner being the opponent in the FDP has filed the subject application for re-adjudicating the rights of the parties that are already decided by the partition decree. It is ununderstandable how a party to the decree can maintain an obstructor’s application under Order XXI Rule 97 & 101 read with Section 151 of CPC, 1908 that too without taking up a contention as to the accrual of an independent cause of action that would legally constitute a ground for obstruction to the execution of decree or for redetermination of the rights of the parties that are decided under the decree, already".
Read the Order here:
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