1 WP No.3276/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3276 of 2010 Bhupal Basgonda Patil deceased Jayavanti Bhupal Patil and others ... Petitioners versus Malubai w/o Memgonda Patil and others ... Respondents ... Mr.N.J. Patil for the petitioner. CORAM : D.G. KARNIK, J DATED : 23rd June 2011 P.C. 1. This petition is directed against the order dated 11 March 2010 passed by the executing court rejecting the application of the petitioner (judgment debtor) for dismissal of an execution proceeding. 2. A decree for possession of block no.426 in its entirety and 1/4th share to each of the plaintiffs in block no.297 was passed by the trial court and it has been confirmed upto this court. Thereafter, the respondent decree holder filed an execution petition. An order for issuance of possession warrant was passed by the court on22 August 2008. Thereafter, the judgment debtor made an application 2 WP No.3276/10 in January 2009 praying for dismissal of the execution proceeding on the grounds mentioned therein. By an order dated 31 March 2010, the application has been rejected. That order is impugned in the present petition. 3. The executing court has held that since the order for possession warrant was passed long ago and had become final the application is liable to be rejected. I find no error in the decision. 4. Learned counsel for the petitioner submitted that the initial order dated 27 August 2008 issuing of a possession warrant itself was wrong inasmuch as the decree was a preliminary decree and the final decree was not passed. If the petitioner was in any way aggrieved by the initial order dated 27 August 2008, he ought to have challenged the order before appropriate forum in appropriate proceeding. He could not have applied for dismissal of the execution proceeding, ignoring the order for issuance of warrant for possession after transfer of the judicial officer and taking over of a charge by another judicial officer on transfer of the earlier judicial officer. There is no merit in the writ petition which is hereby rejected. (D.G.KARNIK, J)