By this civil revision application filed under Section 115 of the Code Procedure Code, 1908, the applicants have impugned the order dated 21st January 2014 passed by the learned 3rd Joint Civil Judge, Senior Division, Solapur in Civil Misc. Application No.306 of 2007 below Exhibit-1 thereby allowing the application filed by the respondent under Order XXI Rule 95 of the Code of Civil Procedure, 1908 (for short “the said Code” in respect of the suit property described therein and directing the applicant to hand over the possession of the said suit property. The applicant no.1 is the original Judgment Debtor and the applicant nos.2 to 5 are the legal heirs of deceased Balraj Ramswami Naral. The suit property is bearing CTS No.10388 having TP 1 final plot No.34/3/24B admeasuring 225 sq.mtrs. situated at New Paccha Peth, Solapur. Some of the relevant facts for the purpose of deciding the said application are as under :-

2. The New Bank of India had filed a recovery suit bearing Special Civil Suit No.331 of 1990 against the applicant no.1 and her late husband Balraj Ramswami Naral and one Vyankatesh Kuchayya Goski. The learned Civil Judge, Senior Division, Solapur passed a decree dated 30th July 1991 in the said suit in favour of the New Bank of India and has held that the New Bank of India was entitled to recover an amount of Rs.74,904/- from the applicants herein.

3. The said New Bank of India had filed a execution petition i.e. Special Darkhast No.03 of 1992 against the applicants and attached the property which was mortgaged by late Balraj Ramswami Naral. The said property was thereafter put to auction. The respondent participated in the said auction and purchased the said property on 8th September 1999. Thereafter auction sale was confirmed on 16th June 2000. Sale certificate was duly registered in the office of Sub-Registrar, North-II, Solapur at Serial No.3949 of 2007 on 6th August 2007.

4. The respondent, who was the highest bidder in the said auction sale and whose favour the auction sale was confirmed, preferred an application for issuance of a sale certificate in its favour. However, since the executing Court disposed of the said special darkhast application filed by the said bank in view of the claim of the bank having been fully satisfied, the said application preferred by the respondent for issuance of sale certificate could not be entertained. It is the case of the respondent that thereafter the records of the said special darkhast application were not traceable for some time. The applicants had challenged the order of confirmation of sale in favour of the respondent before the learned Civil Judge, Senior Division, Solapur in Civil Misc. Application No.326 of 1999. The respondent herein was impleaded as party-respondent to the said application. The said application was pending for about 7 years. After disposal of the said proceedings, the sale certificate was issued on 9th July 2007 in favour of the respondent which was registered on 6th August 2007.

5. On 17th September 2007, the respondent filed an application bearing Civil Misc. Application No.306 of 2007 under Order XXI Rule 95 of the said Code in the Court of learned 3rd Joint Civil Judge, Senior Division, Solapur inter alia praying for an order and direction against the applicants to hand over possession of the suit property.

6. By an order dated 21st January 2014, the learned 3rd Civil Judge, Senior Division, Solapur passed an order below Exhibit-1 allowing the said Civil Misc. Application No.306 of 2007 filed by the respondent under Order XXI Rule 95 of the said Code directing the applicants to hand over possession of the suit property described in paragraph 1 of the said application to the respondent herein.

7. The said order dated 21st January 2014 passed by the learned 3rd Civil Judge, Senior Division, Solapur is impugned by the applicants in this civil revision application filed under Section 115 of the said Code.

8. Learned counsel for the applicants s