Code of Civil Procedure, 1908–Order 21, Rules 97 to 103–Constitution of India, 1950–Art. 227–Objection by stranger who was apprehended to be dispossessed–Observation of execution Court that it became functus officio and can not launch any inquiry–Writ petition against–Dismissed on the ground that the order passed under Order 24, Rules 98 to 100 is a decree and an appeal would lie and not the writ petition–If a Court declines to adjudicate on the ground that it does not have jurisdiction, the said order cannot earn the status of decree–Appellants invoked the Art. 227 with assailing that the Court below failed to exercise the jurisdiction vested in it–Hence the petition was maintainable–Impugned order set aside and High Court is directed to dispose the matter.
