1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR W.P.No. 3707/2007 Manohar s/o Sitaram Nandanwar vs. Shri Jivtu Nago Gonnade and another. ------------------------------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ----------------------------------------------------------------------------------------------------------------- CORAM : A.P.LAVANDE, J DATE : 2.7.2008 Heard Mr. N.D.Khamborkar, learned counsel for the petitioner and Mr. Joshi, learned counsel for respondent no.1. 2. By this petition, the petitioner takes exception to the order dated 5.7.2007 passed by the Civil Judge, Jr. Dn., Aarmori in R.D.No. 6/92. The petitioner filed an application under Order XXI Rule 97 of the Code of Civil Procedure objecting to the execution of the decree for possession passed in favour of the respondent no. 1 against respondent no.2. The said application dismissed on the ground that the stand taken by the petitioner in the application that there was a decree in favour of his father in respect of the very same property and, therefore, the decree could not be executed was not established. 3. The executing court upon appreciation of the material placed on record recorded a finding that the property in respect of which execution was sought in R.D.No. 6/92 and the property which the subject matter of the decree in favour of the father of the petitioner was not the same. This is a pure finding of fact arrived at upon appreciation of the evidence on record. 2` 4. It is pertinent to note that this finding has not been specifically assailed in the writ petition filed by the petitioner. In my considered opinion the executing court has held that two properties are not the same upon appreciation of materials on record and, therefore, cannot be faulted. Hence, I find no ground to interfere with the impugned order. The petition is ,therefore, dismissed. Judge patle