#Order XXI Rule 97 CPC

A pendente lite transferee in execution proceedings can claim a share of property by invoking a proved will that bequeaths an interest to him, even if he was not a party to the original suit. This ruling clarifies that testamentary succession can override mere possession claims in execution, empowering heirs of deceased parties to assert rights through wills without initiating fresh title suits.

Karnataka High Court holds that executing courts must decide objections under Order XXI Rule 97 CPC before directing removal of belongings. Key precedent for property disputes in execution.