Hon'ble Pankaj Mithal, J.—Petitioners are resisting the execution of the decree passed in Original Suit No. 221 of 1983 which has become final on the ground that their shops exist on the disputed land and since they were not party to the suit, the said shops cannot be demolished and they are not liable for eviction therefrom.

2. The objections of the petitioners to the execution of the decree preferred under Order 21 Rule 98 CPC were rejected as not maintainable and their appeal under Rule 103 of Order 21 CPC has also been dismissed.

3. The above two orders dated 24.5.2012 and 29.5.2012 have been impugned in this writ petition.

4. Sri Santosh Kumar Srivastava, learned counsel for the petitioners and Sri Shashi Nandan, Senior Advocate assisted by Sri Vikrant Rana, learned counsel for respondent Nos. 1, 2 and 3 were heard and they had agreed for final disposal of the writ petition on the basis of the averments made in the writ petition and the counter-affidavit on record.

5. The basic submission of the learned counsel for the petitioners is that the Courts below are not justified in rejecting the objections of the petitioners as not maintainable. The petitioners cannot be evi