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Resistance or Obstruction to Possession (Order XXI Rule 97 CPC)

Civil Procedure & Litigation Mechanics

Definition

An application moved by a decree holder when an occupant or third party obstructs or resists the execution of a warrant of possession, requiring the executing court to adjudicate the resister's legal rights in the same manner as a regular suit.

Example

When a court bailiff arrives to deliver possession of a bungalow in Lucknow, an unknown third party locks the gate claiming to hold an independent registered lease from an ancestor; the decree holder files an application under Order XXI Rule 97 CPC for an adjudication of the obstruction.