P. Janardhana Rao vs Kannan & Others

The Supreme Court held that under Order 21 Rule 97 of the Code of Civil Procedure, the executing court must determine the question of possession when a decree-holder faces obstruction. The Court found that the High Court erred in reversing the executing court's decision, which had established that the obstructionists lacked evidence of prior possession. The Supreme Court reinstated the executing court's order, allowing the decree-holder to take possession of the property.