HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12978 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Heard Sri B.B. Jauhari, learned counsel for the petitioner and Sri Pawan Kumar Dubey, learned counsel for respondent no.1. 2. The petitioner, who is the third party, has filed an application under Order XXI Rule 97 CPC in the execution case filed by the decree- holder/respondent no.1. The Executing Court held the application to be maintainable, against which, a civil revision was preferred by the decree- holder which has been allowed by the order impugned. 3. Learned counsel for the petitioner states that the matter should have been remanded back to the Executing Court as the application was maintainable, and it should have been decided by the executing Court itself and not by the revisional Court. According to him, revisional Court had committed gross illegality by deciding the revision itself. 4. Learned counsel appearing for decree-holder/respondent no.1 fairly submits that the matter may be remitted back to the Executing Court to decide the application filed under Order XXI Rule 97 CPC afresh. 5. After hearing counsel for the parties and perusing the material on record, I find that the order dated 31.07.2026 passed by the revisional Court is liable to be set aside. As the revisional Court did not have the power to decide the question itself, it should either have remanded the matter back for consideration afresh or dismissed the revision. Versus Counsel for Petitioner(s) : Bhanu Bhushan Jauhari, Rishi Bhushan Jauhari Counsel for Respondent(s) : Pawankumar Dubey Smt Munni Devi .....Petitioner(s) Anoop Katiyar And Another .....Respondent(s) 6. As the revision has been allowed and the findings have been recorded by the revisional Court, the order deserved to be set aside. The matter is remanded back to the Executing Court to decide the application filed under Order XXI Rule 97 CPC to decide expeditiously within three months from the date of production of certified copy of this order. 7. Writ petition stands allowed. September 18, 2026 SK Goswami A227 No. 12978 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad