1) The appeal is filed to challenge the judgment and order of Regular Civil Appeal No.17/2015 which was pending in the Court of the District Judge-1 Vaijapur and also to challenge the order made on Exhibit 42 in Special Darkhast No.30/2013 which was pending in the Court of the Civil Judge, Senior Division, Vaijpur. The execution proceeding is filed by the present respondent, original plaintiff of Special Civil Suit No.401 of 2007 which was filed for relief of specific performance of contract of sale of immovable property. The decree is given in favour of the plaintiff and the decision has become final. By filing application at Exhibit 42 in execution proceeding, present appellant, objection petitioner, contended that he has purchased the suit property for valuable consideration and without notice and so he is entitled to keep the possession. The executing Court has rejected the application by holding that in view of Rule 99 of Order 21 of Civil Procedure Code and Rule 101 of the same Order, the application is not tenable as it is not the contention that he is dispossessed. The First Appellate Court has held that as the application itself is not decided on merit and it is held