https://www.taxtmi.com/caselaws?id=199125 A stranger claiming an independent title to immovable property and resisting execution before dispossession falls within Order XXI, Rule 97 CPC, so the executing court must adjudicate the obstruction under Rules 98 and 101 before any dispossession. Rule 99 applies only later, after actual dispossession, when a non-party seeks restoration. An execution application framed as one for police aid and a fresh warrant cannot be used to bypass adjudication of the obstructionist's claim. The stated scheme preserves natural justice and prevents dispossession without hearing the resisting claimant. en-us Wed, 22 Jan 1997 00:00:00 +0530 Fri, 29 Sep 2023 17:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199125 A stranger claiming an independent title to immovable property and resisting execution before dispossession falls within Order XXI, Rule 97 CPC, so the executing court must adjudicate the obstruction under Rules 98 and 101 before any dispossession. Rule 99 applies only later, after actual dispossession, when a non-party seeks restoration. An execution application framed as one for police aid and a fresh warrant cannot be used to bypass adjudication of the obstructionist's claim. The stated scheme preserves natural justice and prevents dispossession without hearing the resisting claimant. Case-Laws Indian Laws Wed, 22 Jan 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199125