JUDGMENT - R. A. JAHAGIRDAR, J. :---The petitioners are obstructing the execution of a decree obtained by the respondent as long ago as in March 1973 against one Balsara who was the original defendant in the suit. The suit was Suit No. 3032 of 1962 and had been filed by the predecessor-in-title of the respondent against the said Balsara for possession of certain property. A Chamber Summons for the removal of the obstruction of the petitioners has been taken out in the year 1981 and that is Chamber Summons No. 74 of 1981. Apart from the merits of the obstruction, the petitioners told the Court below, namely, the City Civil Court, that the proceedings in obstruction are to be conducted in accordance with Rule 98 of Order 21 of the Code of Civil Procedure as substituted by the Bombay High Court by its Notification dated 30th September, 1966 and not in accordance with the procedure prescribed by the aforesaid provision as amended by the Central Parliament by the Amending Act 104 of 1976. The Court below was invited to frame an issue as per this contention and it has been so done by the Court below. It is in the following terms :

"Is Rule-98 of Order 21 as substituted by the Bombay High

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