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.3119 OF 2009 Shri Suresh Vinayak Shinde. ..Petitioner. V/s. Shri Ravasao B. Gaikwad & Ors. ..Respondents. Mr.Shrishail Sakhare for Petitioner. 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. Heard Counsel for the Petitioner. 2. No fault can be found with the approach of the Executing Court that the execution proceedings can be deferred only if the Judgment Debtor can produce some stay order passed by the superior Court. That is the correct approach to be adopted by the Executing Court. No interference in exercise of writ jurisdiction is warranted. Dismissed. 3. At this stage, Counsel for the Petitioner submits that the heirs and legal representatives of the Judgment Debtor No. 1(a) have not been brought on record. That grievance be made before the Executing Court which in turn shall decide the same on its own merits in accordance with law. 2 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)