Smt Munni Devi v. Anoop Katiyar and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 12978 of 2026

Smt Munni Devi

.....Petitioner(s)

	Versus
Anoop Katiyar And Another	.....Respondent(s)
Counsel for Petitioner(s)	: Bhanu Bhushan Jauhari, Rishi Bhushan Jauhari
Counsel for Respondent(s)	: Pawankumar Dubey
Court No.- 9

HON'BLE ROHIT RANJAN AGARWAL, J.

1. Heard Sri B.B. Jauhari, learned counsel for the petitioner and Sri Pawan Kumar Dubey, learned counsel for respondent no.1.

1. The petitioner, who is the third party, has filed an application under Order XXI Rule 97 CPC in the execution case filed by the decreeholder/respondent no.1. The Executing Court held the application to be maintainable, against which, a civil revision was preferred by the decreeholder which has been allowed by the order impugned.

1. Learned counsel for the petitioner states that the matter should have been remanded back to the Executing Court as the application was maintainable, and it should have been decided by the executing Court itself and not by the revisional Court. According to him, revisional Court had committed gross illegality by deciding the revision itself.