Mansoor Ahmad Mir, Chief Justice.

This appeal is directed against the judgment and order, dated 22.09.2006, made by the learned Single Judge in OMPs No. 201 of 1994 & 189 of 1999 and Execution Petition No. 26 of 1989, whereby and whereunder the sale was set aside and the Execution Petition was dismissed (for short "the impugned judgment").

2. The Decree Holder and the Judgment Debtors have not questioned the impugned judgment, has been questioned by the auction purchaser, namely Smt. Raj Kapoor, who died during the pendency of the appeal and her legal representative has been brought on record, on the ground that she was a bona fide purchaser and no illegality was committed while making the orders under Order XXI Rule 66 of the Code of Civil Procedure, 1908 (for short "CPC") and Order XXI Rule 66 CPC, the impugned judgment be set aside and she be handed over the possession of the property, the subject matter of the appeal.

3. The core question involved in this appeal is whether the Executing Court, while determining the Execution Petition, has followed the mandate of Order XXI read with the Rules?

4. In order to determine the issue and return the findings, it is necessary