Neutral Citation No. - 2025:AHC:128207 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7762 of 2025 Petitioner :- Waqf Masjid Nagar Palika Respondent :- Ganga Singh (Deceased) And 10 Others Counsel for Petitioner :- Pankaj Agarwal Counsel for Respondent :- C.S.C.,R. B. Singh Parmar Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed challenging the order dated 07.07.2025 by which an application filed by the petitioner for grant of injunction restraining the decree holders from executing a decree against the petitioner who is third party objector and has filed an application under Order 21 Rule 97 C.P.C. 3. Contention of the learned counsel for the petitioner is that an ex- parte decree was passed against the petitioner without impleading him as a party. When the decree was put to execution, an application under Order 21 Rule 97 C.P.C. filed by the petitioner which has been admitted and the objection to the maintainability of the application was rejected by the executing court by order dated 28.02.2025. It has been further contended by learned counsel for the petitioner that once the application under Order 21 Rule 97 C.P.C. has been admitted, there is no question of permitting the execution of decree by the decree holders. 4. At this stage, learned counsel appearing for the respondents submitted that instead of entertaining this petition, this Court should direct the executing court to decide the application filed by the petitioner under Order 21 Rule 97 C.P.C. in a time frame as may be fixed by this Court. 5. The proceedings under Order 21 Rule 97 C.P.C. are like a suit as the issues are to be framed and thereafter, evidence has to be led by the parties in support of their case, and therefore, no time frame can be provided for deciding the application under Order 21 Rule 97 C.P.C. 6. However, it is expected, that the executing court shall make all endevour to decide the application under Order 21 Rule 97 C.P.C., in accordance with law, expeditiously, after ensuring service upon all the parties concerned and after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 7. With the aforesaid direction, this petition stands disposed of. 8. Till the disposal of the application under Order 21 Rule 97 C.P.C., the parties are directed to maintain status quo. It is further provided that both the parties are restrained from raising any construction or alienating the property in dispute. Order Date :- 31.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad