HARNANDRAI BADRIDAS vs DEBIDUTT BHAGWATI PRASAD & ORS.

The Supreme Court held that after an auction sale in execution of a decree, a decree-holder auction-purchaser can seek delivery of vacant possession of immovable property from the executing court under Order XXI, Rules 95 and 96 of the Code of Civil Procedure, rather than filing a separate suit. The Court emphasized that the confirmation of sale does not terminate the execution proceedings, as the legislature intended for the executing court to retain jurisdiction over possession matters. The judgment of the Calcutta High Court in Kailash Chandra Tarafdar v. Gopal Chandra Poddar was upheld, while Ram Singh Gopal Singh and others v. Abdullah Habilullah was overruled.