( 1 ) IN peculiar circumstances of the matter controversy surfaces whether a third party Obstructor and in possession of immovable property of which recovery of possession is sought by warrant in the execution proceedings by decree holder can claim to have his right adjudicated upon by executing Court on preferring an Application alleged to have been filed under Order 21 Rule 97 of the Civil Procedure Code and all the more when decree holder chooses not to complain before executing Court about removing such obstruction and files no application to remove obstruction under Rule 97 of Order 21 of C. P. C.

( 2 ) THE suit being Regular Civil Suit No. 523 of 1972 was filed by one Patel valmikbhai Himatlal and others against the defendant Patel Mohanbhai Muljibhai and others for the recovery of the possession of rented premises. The suit was decreed and it appears that the matter was pursued by the defendants till Supreme court but they failed and thereafter original plaintiff Patel Valmikbhai and other filed an execution Application before the Civil Judge, J. D. , at Bhavnagar, being civil Regular Execution Application No. 38 of 1998 for recovering the possession of the sui