Tanzeem-E-Sufia vs Bibi Haliman And Ors

The Court addressed whether a party can simultaneously pursue a civil suit and an application under Order XXI Rule 97 of the Code of Civil Procedure (CPC) to challenge an execution decree. The central issue involves the election of remedies when a person claiming an independent right to property is threatened with eviction during execution proceedings. The Court examined the legal permissibility of pursuing both remedies to protect possessory rights.