1. - This miscellaneous appeal is directed against the order of learned Additional District Judge, No. 1, Jodhpur in Civil misc. case No. 70- B/90 whereby the appellant's application under 0.39 Rule 1 and 2 read with Section 151 C.P.C. has been rejected.

2. The main contention of Mr. Bhoot is that the court has acted without jurisdiction in deciding the application without any order passed by executing court under Order 21 Rule 98 Civil Procedure Code. The court should have issued notice under Order 21 Rule 97 to the decree-holder particularly in view of the report of the Sale Amin dated 1.5.90 and thus, the order is liable to be set aside in this misc. appeal.

3. Mr. Y.R. Vyas, Power of attorney holder of the respondent who has appeared in person has submitted that the respondent has obtained a decree for a shop with godown against the petitioner long back and he has obtained a part of the possession of the godown on 2.8.84 in execution of this decree which was passed in the year 1978. He has also submitted that the appellant is a stranger and he has no right to be heard and with the connivance of the judgment-debtor for one reason or the other dragging litigation and dela