1 W.P.No.3988.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO. 3988 OF 2010 Abhay Bhaulal Patni ... PETITIONER V E R S U S Shri Chandulal Deelipchand Kale and others ... RESPONDENTS ... Mr. M.M.Nerlikar ,Advocate for Petitioner Mr. S.B.Kulkarni,Advocate for respondents. ... CORAM : V.R.KINGAONKAR, J. DATE : 4TH MAY, 2010. PER COURT : 1] Heard Counsel. 2] By this petition, the petitioner objected the execution of the possession decree rendered in the suit bearing (Spl. Civil Suit no. 179 of 1982). The objections have been turned down by the executing Court. The learned counsel for the petitioner would submit that Second Appeal filed by the petitioner in the context of the dissolution of partnership Firm, is pending. He would submit that the execution of the decree in the suit (Spl.C.S.No. 126 of 1984) is stayed. He contended that the execution petition could not have been filed in the Court of Civil Judge (Senior Division) Shrirampur, because the decree was rendered by the learned Civil Judge (Senior Division) 2 W.P.No.3988.10 Ahmednagar. According to the learned counsel, unless there is transfer of decree, the execution could not be filed in that Court. 3] It emerges from the record that, when decree was rendered in Spl.C.S.No. 179 of 1982, there was no Court of Civil Judge (Senior Division) at shrirampur. It appears that, subsequently, such Court is established and therefore all judicial business is transferred to that Court. The dispute relating to dissolution of partnership firm is not directly connected with the dispute pertaining to eviction of the petitioner. Still, however, if at all the High Court will direct restoration of the possession, the petitioner will be at liberty to apply under section 144 of the Code of Civil Procedure. 4] The objections have been rightly rejected by the learned Judge of executing Court and in view of section 37 of the Code of Civil procedure, particularly the explanation appended thereto, the objection regarding jurisdiction is unsustainable. Consequently, the petition is disposed of. The Execution Application shall be expeditiously disposed of. Sd/- ( V.R.KINGAONKAR ) JUDGE MTK 3 W.P.No.3988.10