LAW FOR ALL

As per Order 21 Rule 102 of C.P.C. nothing in Rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit. Having considered the scope of Rule 102 of Order 21 of CPC it was held in VEERABHATHINI JANARDHAN v. TERALA RAJAIAH (since died) Per L.R.[4] by one of us (G.Rohini, J) that the petitioner therein who was the transferee pendente lite cannot maintain an application under Order 21 Rule 99 of CPC. The same principle is attracted to the case on hand since the appellants are claiming title and possession on the basis of an alleged transfer that took place during the pendency of O.S.No.8 of 1996. Hence on that ground also they cannot maintain the applications under Order 21 Rule 97 of CPC. For the aforesaid reasons, we hold on Point No.1 that the claim petitions filed by the appellants herein under 21 Rule 97 of CPC are not maintainable and the Court below has rightly dismissed the same. Point No.2: