The appellant Bhanwar Lal has obtained a decree in S.A.No. 175 of 1971 for possession in the High Court of Rajasthan for ejectment of Ram Kishan. The decree had become final. The appellant namely, Bhanwar Lal had filed an execution petition under Order 21 Rule 35(3) for delivery of possession in 1979. When he sought for delivery of possession, the first respondent namely, Satyanarain had obstructed the delivery of possession. The next day, the decree holder, namely, Bhanwar Lal filed an application under Order 21 Rule 35(3), seeking to remove the obstruction made by Satyanarain. The Executing Court dismissed the application holding that since it is obstruction by a third party, the decree holder must seek removal of obstruction under Order 21 Rule 97. Pursuant to the same, the appellant Bhanwar Lal filed an application under Order 21 Rule 97 for removal of obstruction. The District Munsif dismissed the application filed under Order 21 rule 97 as barred by limitation under Article 129 of the schedule to the Indian Limitation Act, 1963. On an appeal being filed by the appellant, the Civil Judge directed for removal of the obstruction, holding that the appellant was not precluded from seeking removal of obstruction. The High Court in the Civil Revision Petition filed by the Satyanarain had set aside the order of Appellate Court and confirmed the order of Executing Court. On a further review, it confirmed the earlier order.
