Sriram Housing Finance & Investment India Ltd. vs. Omesh Mishra Memorial Charitable Trust (SC)

Code of Civil Procedure, 1908–Order 21, Rule 97–Applicability–Provision empowers the decree-holder to make an application complaining about the resistance or obstruction to possession of the immovable property by any person–Only the decree-holder is entitled to make an application in a case where he is offered resistance or obstruction by ‘any person’–Appellant is a bona fide purchaser of the property and not the decree-holder–He cannot take the shelter of Rule 97.