Chitambaresh, J.

Is there any bar for the Execution Court to treat an application filed to record resistance to the delivery of property as one for removal of obstruction under Order XXI Rule 97 of the Code of Civil Procedure, 1908 ['the CPC' for short] ?

2. An extent of 4 cents of land in R.S. No. 175/13 of Karumadi Village in Ambalapuzha Taluk was attached before judgment in a suit filed by the first respondent against the second respondent. The suit in O.S. No. 186/2009 on the file of the court of the Subordinate Judge of Alappuzha was one for realisation of a sum of Rs. 4 lakhs. The suit was decreed ex-parte against the second respondent by judgment dated 6.11.2009 which has become final and the attachment of the property made absolute. The property attached was brought to sale in E.P. No. 165/2010 and the first respondent decree holder herself bid the property in auction held on 18.3.2014. The auction was confirmed for a sum of Rs. 5,01,000/- and a sale certificate issued to the first respondent enabling her to apply for delivery of the property. The first respondent filed E.A. No. 325/2014 for delivery whereupon the execution court ordered the property to be delivered