Gujarat High Court Civil Manual (subordinate court practice), 1960
(i) Rules 35 and 36 of Order XXI deal with the delivery of possession of immoveable property and distinguish between delivery and actual possession of property which is in the possession of a person bound by the decree and of that which is not. The action to be taken by the Court in the two classes of cases is entirely different. Therefore, before taking action, the Court should ascertain from the decree-holder whether he alleges the property to be in the actual possession, that is in the occupation of a person bound by the decree. The Court should not issue process under rule 35 or 36 of Order XXI on a bare application to be placed in possession. The decree-holder must be called upon to state specifically in his application the kind of possession which he wants. (ii) In giving possession of immoveable property, Form No. 11 in Appendix B of Schedule I may be used for authorising the Officer of the Court to give actual possession or with suitable