⚖️ SHRI GANPATI JURISTS — LEGAL LEARNING ⚖️
🏛️ Execution of Decree & Rights of Obstructionists
An obstructionist resisting execution of a decree for possession can move the Executing Court under Order 21 Rule 97 CPC even before dispossession — the remedy is not limited to Order 21 Rule 99 CPC after dispossession.
👥 The term “any person” includes strangers to the decree, tenants, or anyone claiming independent right, title, or interest in the property.
📜 The Executing Court is empowered to adjudicate all questions relating to right, title, and interest arising during execution proceedings (Order 21 Rule 101 CPC).
🚫 Transfers made during pendency of litigation are hit by the doctrine of lis pendens (Section 52, Transfer of Property Act, 1882) — such subsequent purchasers or occupants cannot obstruct execution of the decree.
⚖️ Ashish Pathak v. Prakashnath Chaturvedi (MP High Court, Jabalpur Bench)
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