JUDGMENT

S. V. Gangapurwala, J. - The matter has been placed before us to answer the issues referred by the learned Single Judge under order dated 15.12.2016 in Second Appeal No.550/2016.

ISSUES

"i. Whether a person not a party to ''lis'' or not claiming through parties to the ''lis'' (third party), not in possession and/or not claiming to be in possession can maintain an action pursuant to Order XXI, Rule 97 of the Civil Procedure Code?

ii. When there is already a substantive ''lis'' initiated by the person as aforesaid (third party) and pending for adjudication of rights in respect of immovable property, whether a purported objection invoking Order XXI, Rule 97 of the Code of Civil Procedure, 1908 in execution of decree, by the same person can be entertained for vindication of rights to such immovable property giving treatment to it according to Rules 97 to 103?"

2. The learned Single Judge of this Court in case of Sardar Hasanbhai Attar Vs. Usman Papamiya Attar Shaikh, (2008) 1 MhLJ 340 observed that it is not only the person in possession or a person dispossessed are entitled to file application to obstruct the execution of the decree for possession pursuant to the provision of