1 WP 9064.2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9064 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders ................................ CORAM : S.V.GANGAPURWALA, J. DATE : 25/11/2011. PER COURT : 1. Mr. Pradeep Deshmukh, the learned counsel instructed by Mr. H.A. Joshi, the learned counsel for the petitioner submits that the objection which was filed U/s 47 of the Code of Civil Procedure [ For short, ‘ the Code ’ ] was in fact an objection under Order XXI Rule 97 of the Code. 2. If the petitioner contends that the said objection raised U/s 47 of the Code was an objection under Order XXI Rule 97 of the Code, then in such circumstances, any adjudication on an objection under Order XXI Rule 97 of the Code would tantamount to a decree, against which regular Appeal lies. 3. Mr. Deshmukh, the learned counsel for the petitioner submits that the petitioner has also preferred Appeal but then 2 WP 9064.2011 the same is Misc. Appeal and the petitioner would take necessary steps to file Regular Appeal or to convert the said Appeal into Regular Appeal. 4. Mr. D.K.Kulkarni, the learned counsel for the respondents opposes the submissions and submits that the objection was not under Order XXI Rule 97 of the Code. 5. The respondents would be at liberty to raise all such objections as are permissible in the Appeal that would be filed or the Misc. Appeal that would be converted by the petitioner. 6. If the petitioner is in possession of the suit property, then the said possession shall not be disturbed for the period of 15 days from today. 7. In light of the said facts, the Writ Petition is disposed of. [ S.V. GANGAPURWALA,J. ] KNP/WP 9064.2011