Code of Civil Procedure, 1908–Order 21, Rules 97 to 101–Decree for possession of the immovable property was held inexecutable by the Execution Court on the basis that the judgment-debtor has lost possession to a third party/encroacher–Justification–It was the duty of Executing Court to issue the warrant of possession for effecting physical delivery of the suit land to the decree-holder in terms of suit schedule property and if any resistance is offered by any stranger to the decree, the same should be adjudicated upon in accordance with the provisions Rules 97 to 101–If it is allowed to happen, every judgment-debtor who is in possession of the immovable property till the decree is passed, shall hand-over the possession to a third party to defeat the decree-holders right and entitlement–Impugned judgments set aside with certain directions.
