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Judgment
M.C. Jain, J.—Heard Sri Sharad Sharma, Learned Counsel for the Petitioner and Sri S.K. Posti and Sri Ramji Srivastava, appearing for the Respondent Nos. 1 and 2.
The Petitioner is aggrieved by the rejection of his application made under order IX Rule 13, C. R C. to set aside a decree dated 27.11.1999 passed in O.S. No. 364 of 1999. That decree was for possession of certain property. He had even filed a miscellaneous appeal which, too, failed. Admittedly, the Petitioner was not a party to the suit in which the decree was passed and setting aside of which was sought by him. It is also noted that the Petitioner has already filed a suit No. 100 of 2001 for declaring the decree aforesaid as null and void on the ground of its being a collusive litigation. The Petitioner claims that actually he is in possession. Order 21 Rule 97 C. R C. onwards contain elaborate provisions as to when resistance or obstruction is caused by someone to the holder of a decree for the possession of immovable property or when a person not bound by that decree is dispossessed in execution of a decree.
In view of what has been stated above, this Court does not propose to entertain this writ petition.
The writ petition is dismissed.