5. On 24.04.2008, the learned Adhoc Civil Judge Senior Division at Panaji, decreed the suit, whereby, the defendants/ judgment debtor were inter alia directed to vacate the suit premises and deliver its vacant possession to the plaintiffs. Since the possession of the suit premises was not handed over by the judgment debtor, despite the decree attaining finality, the original plaintiffs filed an Application for execution of the decree, which came to be registered as Execution Application No. 22/2008/B. Pending Execution, in February, 2009, an Application, purporting to be an Application under Order XXI, Rules 97 and 101 of CPC, came to be filed on behalf of respondent no. 6, as a third party. Respondent no. 6 claimed that by Deed of Sale dated 24.04.2007, he had purchased the suit property alongwith the house from its owner, M/s Rizwi Estate and Hotels Private Limited. He would further claim that M/s Keshav Malik Hardware Corporation (partnership firm-respondent no. 1) was tenant of the suit premises and it had surrendered its tenancy rights in his favour, by Deed of Surrender dated 05.07.2007 and handed over the vacant possession of the same to him. On this premise, respondent no. 6, submitted that the decree in question could not be executed against him, since, he has independent right, title and interest in the property.
