decree-holder is entitled to the possession even from the obstructor. Order 21, Rule 101 after amendment reads as under:
"101. All questions (including ... application is filed under Order 21, Rule 99 CPC by the obstructor even before he is dispossessed in execution of the decree. Can it then
Rule 101 CPC is only to find out as to whether the obstructor or one who resists the claim for possession by the decree holder ... right or interest claimed
by the decree-holders as against the obstructor de hors the decree."
It is further held :
"Determination of right
relevant for consideration and determination between the parties, e.g., if the obstructor admits that he is a transferee pendente lite it is not necessary ... necessary that the questions raised by the resistor or the obstructor must legally arise between him and the decree-holder. In the adjudication process envisaged
file an anticipatory application by a prospective or intending resistor or obstructor.
(7) In Nityananda v. Pala Dei, a Full Bench of the Orissa High ... inquire into the question of title of a thrid party prospective obstructor in an application by him before he had in fact been dispossessed
have been got marked, On the side of the obstructors, five witnesses have been examined and documents Exs. R-1 to R-14 have been ... That is now being impugned in this revision petition by the two obstructors. The contentions of the learned Counsel for the revision petitioners
suit and the appeal which has been filed by the obstructor should be construed and considered only as a continuation of the execution proceedings
view that is now questioned in this revision petition filed by the obstructor.
5. The only contention raised before me was that the order passed
many words that such an application is maintainable by the obstructor third party. In view of the settled legal position the application of the revision
report had not disclosed the names of these petitioners as obstructors and these parties are in no way concerned with the plaint schedule properties
obstruction under Order 21 Rule 97 C.P.C . or if the obstructor is dispossessed he can also move the Court for redelivery under Order
