Order 21 Rule 97 Application Can Be Dismissed If Obstructor Fails To Meet Prima Facie Right To Show Resistance: Karnataka High Court
Order 21 Rule 97... Karnataka High Court | Perjury Prosecution | Prima Facie Deliberate Intention The Karnataka High Court has held that an application made before the executing court under Order 21 Rule 97 of CPC, can be dismissed in limine if the obstructor fails to satisfy the court his prima facie right to show resistance to the execution. A division bench of Justice Sreenivas Harish Kumar and Justice Ramachandra D Huddar found that the executing court was correct in dismissing the application because the applicants failed to prove that their father was not alive in 1998 when the sale deed was executed and that they were the legal heirs of Belagalappa. “Enquiry can be held only when the executing court finds that the obstructor has got a semblance of right or interest which requires detailed enquiry. Satisfaction as to prima facie right or interest can be arrived at on reading the affidavit filed along with the application and supporting documents.” The court concl...