P. K. MOHANTI, J.

( 1 ) THIS appeal is directed against the decision of a learned single Judge of this Court confirming an order for delivery of possession of immovable property under Order 21 Rule 35, C. P. C. passed by the learned Subordinate Judge of Bhubaneswar. The appeal poses for determination a question as to the competency of the executing Court to direct a fresh delivery of actual possession of immovable property there having been earlier a symbolical one.

( 2 ) THE short facts are the following: Respondent No. 1 obtained a decree for delivery of possession of 0. 523 acre of land out of plot No. 1108 which comprises an area of 0. 525 acre. He levied execution of the decree and applied for delivery of actual possession after demarcation and identification of the land by a survey knowing commissioner. The executing Court issued a writ of delivery of possession under Order 21, Rule 35, C. P. C. and appointed a commissioner to demarcate the property at the time of delivery of possession. The process server entrusted with the writ reported that he had delivered physical possession of the property to the decree-holder after evicting the judgment-debtors therefrom. The commiss