1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3131 OF 2009 WITH CIVIL APPLICATION NO.738 OF 2009 Sou.Babubai C. Galande(deceased) by her LRs. Shri Kamalakar C. Galande & Anr. ..Petitioners. V/s. Shri Maruti Manaji Barate & ors. ..Respondents Mr.Avinash Joshi for Petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 30, 2009. DATE : MARCH 30, 2009. DATE : MARCH 30, 2009. P.C. : P.C. : P.C. : 1. None appears. Dismissed for non-prosecution. 2. Later on Mr.Joshi, advocate for Petitioners appeared and mentioned the matter for restoration of the Petition as well as Civil Application as he was held up in some other court. For the reasons mentioned across the bar, request for recalling the order passed in morning session is accepted. Accordingly, Petition as well as Civil Application are restored to the file to its original number and heard immediately. 3. The Order which is impugned in this Petition 2 is only of issuing notice on the subject Application being Regular Darkhast No.53 of 2008 dated 31st March, 2008. The grievance of the Petitioners that it was not necessary to issue notice as the matter was only at the stage of preliminary decree is a matter, which can be addressed by the Executing Court itself. Hence no interference in exercise of writ jurisdiction is warranted. Darkhast Application shall proceed in accordance with the law. All questions to be argued in that proceedings are left open, to be decided on its own merits. 4. Petition disposed of on the above terms. 5. In view of the disposal of the Writ Petition, nothing survives for consideration in the Civil Application. The same is disposed of accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)