DEEPAK KUMAR RAO Vs. BHAWANI DEVI
LAWS(JHAR)-2018-11-2
HIGH COURT OF JHARKHAND
Decided on November 01,2018

Deepak Kumar Rao Appellant
VERSUS
BHAWANI DEVI Respondents

JUDGEMENT

Shree Chandrashekhar, J. - (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 & Anr., 1998 3 SCC 723" ].
(3.) In his objection petition the petitioner has stated, thus; 15. "That this objector has got no personal interest in this litigation but as the Defendant, wrongly placing herself to be the Decree Holder has moved a wrong forum, this objection is raised by the Objector as a practicing Advocate of Jamtara Court.";


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