Sunita Agarwal, J.—Heard Shri Vijendra Singh, learned counsel for the petitioner and Shri M.A. Qadeer, learned Senior Advocate assisted by Shri Shamim Ahmad, learned counsel for the respondents Nos 1 to 9.

2. The writ petition is filed challenging the orders dated 5.7.2008 passed by the Civil Judge(J.D.) Nazibabad District Bijnor in misc. case No. 57 of 2007 as also the order dated 20.8.2008 passed by the Additional District Judge, Bijnor in civil revision No. 72 of 2008 which arose out of the misc case.

3. Brief facts relevant for deciding the controversy are that original suit No. 599 of 1965 for permanent injunction was filed by respondents No. 1 to 9 against the defendants in the said suit. The said suit was decreed on 23.10.1967. Petitioner claims ownership over the suit property which is subject matter of the decree. An application under Order XXI Rule 99 read with Rule 101 C.P.C. was filed by the petitioner in execution case no. 300 of 1968 on the ground that petitioner is owner in possession of the suit property. The respondent decree holder in collusion with the defendant got the decree dated 23.10.1967 including the property of the petitioner with a view to grab