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Anchi Devi vs Padma Ram and Others

Rajasthan High Court · Decided on 18 December 2014 · Citation: (2015) 1 WLN 176

HON’BLE JUDGES
Arun Bhansali, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 9488/2014

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Judgment

3 paragraphs · 121 words

Arun Bhansali, J.

1.

This writ petition under Article 227 of the Constitution of India has been filed aggrieved against order dated 05.07.2014 passed by the executing court, whereby, the objections filed by the petitioner, though titled as under Order XXI, Rule 101 CPC but in fact objections under Order XXI, Rule 97 CPC, have been dismissed. The order passed by the executing Court is a decree under Order XXI, Rule 103 CPC and is appealable and appeal in the present case would lie before the District Judge.

2.

In that view of the matter, the writ petition is not maintainable and the same is, therefore, dismissed. However, the petitioner is granted liberty to file appropriate appeal before the appellate Court.