JUDGMENT

M.S. Jawalkar, J. - Heard. admit. The matter is taken up for final disposal at the request of and by consent of the parties at the stage of admission.

2. The present second appeal is preferred by the appellant challenging the judgment and decree dated 18/11/2021 passed by the learned ad-hoc District Judge-01, Nagpur in Regular Civil appeal No.166/2021 thereby the judgment and decree dated 25/03/2019 passed below Exhibit 45 by the learned Civil Judge, Senior Divison, Nagpur in Special Darkhast No.49/2014 was confirmed. The learned Executing Court rejected the objection raised by the appellant under Order XXI Rule 97 of the Code of Civil Procedure, 1908. This Court vide order dated 30/11/2021 framed following two substantial questions of law :

i) Have not both the learned Courts committed a manifest error of law, in rejecting the objection on merits without reading the pleadings in the objection, though as per para 14 of the order dated 31/08/2018 passed by the Hon'ble High Court in W.P. No.2027/2018, the learned executing court was first supposed to decide whether any dispute as contemplated under Order 21 Rule 97 has been raised without going into the merits?

ii) Can the impug