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In the meanwhile appellant moved for execution of the
decree of ejectment. On 20-3-1996, bailiff of the court went
to the premises for effecting delivery of possession, but he
was resisted by the representatives of the second respondent
and he reported the matter to the court. When he was again
directed by the Court to effect delivery of possession with
police help, he was unable to dispossess second respondent
as the execution court has stayed dispossession in the
meantime. Second respondent filed Miscellaneous Case 556 of
1996 before the execution court quoting order 21 Rule 101
and Section 151 of the Code, raising a contention that the
decree was passed without making him a party and alleging
that the decree was obtained in collusion between appellant
and first respondent Rajiv Trust. Execution court, however,
held that second respondent being a third party resistor
cannot avail himself of the remedy provided in Ordered an
inquiry to be conducted under Section 151 of the Code into
the allegations made by the second respondent, as per its
order dated 26-4-1976. both sides, appellant and second
respondent, were aggrieved by that order and hence both of
them challenged it in revision before the High Court.