SAMSER SINGH .AND ANR. vs NAHAR SINGH(D) THR. LRS . AND ORS.

The Supreme Court upheld the Calcutta High Court's decision to set aside the Executing Court's order rejecting the application under Order XXI Rules 98, 99, and 100 of the CPC. The Court emphasized that the rights of a party claiming possession based on adverse possession must be considered, especially when there are allegations of fraudulent collusion in obtaining a decree. The Court held that the Executing Court failed to adequately address the claims of the respondent regarding his right to the property, thus necessitating a reevaluation of the case.