JUDGMENT

Shree Chandrashekhar, J. - In the writ petitions, orders passed in miscellaneous appeals filed against order dated 05.02.2005 passed in Misc. Case No.15 of 2003 and

2. Misc. Appeal No.29 of 2005 was filed by Nand Kishore Prasad and Misc. Appeal No.30 of 2005 was filed by Kishore Kumar Soni, both against the aforesaid order dated 05.02.2005.

3. Briefly stated, Title Partition Suit No.57 of 1975 was instituted by Dularo Bibi and others in which 2/9th share in the suit properties was allotted to them. Pursuant to judgment dated 31.03.1979 in Title Partition Suit No.57 of 1975, a final decree was prepared on 07.03.1990. In Execution Case No.37 of 1990, which was initiated by the decree-holders, an application under Order 21, Rule 97, 98, 99 r/w 101 CPC was filed by Nand Kishore Prasad on 07.07.2003; he is the petitioner in W.P.(C) No.4647 of 2006. His aforesaid application has been registered as Misc. Case No.18 of 2003. The applicant-Nand Kishore Prasad has asserted that he has purchased a part of the suit land comprised under Plot No.163 from Md. Ali and Shaukat Ali who were defendants in the partition suit, by registered sale-deed. Case pleaded by this applicant is that the