Summary
- The Supreme Court has emphasized that an Executing Court must conduct a full inquiry under Order XXI Rule 101 when considering title objections under Order XXI Rule 97 of the CPC.
- This ruling came during an appeal involving a Waqf Trust's claim against the execution of a possession decree, following a Telangana High Court judgment that rejected its application.
- The Court clarified that resistance to execution by a stranger claiming independent rights necessitates adjudication under Rule 97, not bypassing it for possession warrants.
- The matter has been remanded to the VII Senior Civil Judge in Hyderabad for a comprehensive inquiry, allowing both parties to present additional pleas and evidence.
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