Whether the court can dismiss execution proceeding the decree-holder has lost possession to a third party/encroacher?

[Educator]

In most recent judgment in “Jini Dhanrajgir & Anr. Vs.Shibu Mathew & Anr.” (2023) SCC Online SC 643, the legalposition has been reiterated that Rules 97 to 103 of Order XXIof the CPC provide the sole remedy both to the parties to a suitas well as to a stranger to the decree put to execution.{Para 14}15. In view of the settled legal position, as noted (supra), itwas the duty of the Executing