The adjudicatory process under Order XXI R.101, the final order under Order XXI R.98, and the appealable nature of orders under Order XXI R.103 are crucial in determining the competency and appealability of orders in the execution of a decree for possession of immovable property.

1. The petitioner, a stranger to the decree, resisted the execution of the decree obtained by the 1st respondent for possession of immovable property. An application was filed under Order XXI R.97. The executing court passed an order on her application thus:

"Dismissed (vide separate order on E. P. dt. today)", and in the execution petition the order reads thus:

"The order of the court to have the decree holder examined on commission is not complied with by the decree holder and it is reported by the commissioner that the decree holder's counsel has told him that the decree holder need not be examined on commission till the matter is referred to the Land Tribunal.

The decree holder does not co-operate with the commissioner in executing the commission. That means that he does not propose to prosecute the E. P. as per order of the Court. The E. P. is dismissed".

The decree-holder filed an appeal before the Sub Court, Alleppey. The Sub Court allowed the appeal and held that the order of the executing court dismissing the application under Order XXI R.97 was wrong and directed that application to be considered afresh. It also observed that the setting aside of the order passed in the execution application regarding removal of obstruction will result in the revival of the execution petition. It is against this order that this revision has been filed.

2. The main contention advanced by the learned counsel for the petitioner is that the appeal before the Sub Court was not competent. He contended that an appeal is available only under Order XXI R.103 which reads thus:

"103. Orders to be treated as decrees. Where any application has been adjudicated upon under R.98 or R.100, the order made thereon shall have the same force and be subject to the same conditions as to an appeal or otherwise as if it were a decree".

He contended that there has been no adjudication under R.98 or R.101, there is no consideration of the question on the merits and thus there was no competent appeal. But, in any case, it is submitted that even if there cannot be an appeal against the order in the obstruction petition, there was no appeal provided to the Sub Court against the order dismissing the execution petition and therefore the Sub Court did not have jurisdiction to direct the revival of the execution petition which was already dismissed.

3. The scheme of Order XXI R.97, 98 and 101 would show that a holder of a decree for possession of immovable property may make an application to the Court executing the decree if he has any complaint of any resistance offered by any stranger to the execution of the decree or when there is any obstruction from any other quarter. In that application the court has got jurisdiction to decide all questions including the question relating to right, title or interest in the property arising between the parties to the proceeding, or their representatives and which are relevant for adjudication of the application. After the adjudication under Order XXI R.101, the court has to pass under Order XXI R.98 either (a) making an order allowing the application and directing that the applicant be put into the possession of the property or dismissing the application or (b) pass such order as, in the circumstances of the case, it may deem fit. Thus the final order in a petition for removal of obstruction is what is contemplated under Order XXI R.98. The proceedings initiated under Order XXI R.97 are required to be enquired into under Order XXI R.101 and disposed of under Order XXI R.98. The adjudicatory process under Order XXI R.101 contemplates an application of the mind, a consideration of the claim on the merits and a conclusion based on reasons. Even then, there may be cases where the court is constrained to reject the application without any adjudication at all. Where no adjudication is required in any case, and the application has to be dismissed without any investigation, still the court has the duty to pass final orders under