2000 INSC 0399
                                        SUPREME COURT OF INDIA

                                                  Prasantha Banerji

                                                           Vs.

                                             Pushpa Ashoke Chandani

                                               C.A.No.2151 of 2000

                                    (Ajay Prakash Misra and R. P. Sethi, JJ.)

                                                      16.03.2000

                                                       ORDER

1. Substitution allowed.

2. Leave granted.

3. The present appeal is directed against the judgment and order dated 11-2-1999 passed by the High
Court of Calcutta. The only point raised in this appeal is whether the suit filed by the appellant who
is not party to a decree is maintainable, when execution proceeding in respect of the same property
has been initiated under Order 21, Rule 97 of the Code of Civil Procedure or his remedy is going in
the said execution proceedings. The High Court came to the conclusion that the suit having been
filed after initiation of execution proceedings, the same is not maintainable hence dismissed the
second appeal. The High Court further held that the appellant is entitled to raise all such lawful
subtenancy or any of his right in the execution proceedings, under Order 21, Rule 97 of the Code.
The question raised in this appeal is squarely covered by the decision of this Court in Shreenath v.
Rajesh, (1998) 4 SCC 543 : (1998 AIR SCW 1619 : AIR 1998 SC 1827), as against the appellant.
Accordingly, the present appeal fails and is accordingly dismissed and the impugned order of the
High Court is upheld. Cost on the parties.

Appeal dismissed.