1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.149/2008. (Minakshibai w/o Prabhakarrao Choudhari and Ors. Vs. Bhagirathibai Saware) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.VR Sonwalkar, Advocate for petitioners; Mr.VD Salunke, Advocate for Respondent. ___ CORAM : K.U.CHANDIWAL, J. DATE : 15 th February, 2010. ... 1) Heard Mr.Sonwalkar and Mr.VD Salunke for the respective parties extensively. 2) There is a long drawn litigation between the parties, taken even in CRA No. 703/1997; 570/1996; 571/1996 before this Court concerning the land Gut No.390. 3) Without adverting to the details of disposal of the respective Civil Revision Applications referred above, the short question required to be assessed is, once there is observation of this Court, presence of the present petitioners in the execution proceedings was not warranted, as the property was not involved in the Execution proceedings, the learned Judge could, by virtue of the order dated 11.8.2008, direct the present petitioners - Sow. 2 Minakshi; Sow. Aashabai and Sushil Choudhari to be arrayed as Defendant nos. 1, 2 and 3 in the respective Execution Petition as defendants ?. 4) The above facts indicate, presence of present applicants/revision petitioners referred above, is not warranted. There is no lis pending. Section 50(2) of CPC or Order I Rule 10 of CPC will not come into operation to implead the present petitioners as parties/defendants in the Execution Petition. The order suffers from merit, it needs to be quashed and set aside. It is accordingly quashed and set aside. 5) Needless to mention, if T.I.L.R., any time issues a notice to the present petitioners, while causing measurement of the disputed property, the present petitioners are bound to obey such notice to attend measurement proceedings initiated by T.I.L.R. 6) Civil Revision Application allowed in the aforesaid terms. (K.U.CHANDIWAL) JUDGE bdv/cra149.08