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.994 OF 2008 Shri Bhagwat Shamrao Bhosale & Ors. ..Petitioners. V/s. Ganpati D.Dombe(Deceased) through LRs. Rajaram G.Dombe & Ors. ..Respondents. Mr.Rupesh K. Bobade for petitioners. Mr.S.M.Raikar for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 29, 2009. DATE : JANUARY 29, 2009. DATE : JANUARY 29, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. From the opinion recorded by the Court below, it can be discerned that the lower Court has proceeded on the basis that although the word "preliminary decree" has been mentioned in the Judgment in question but that was in the nature of final decree, as no other steps so as to pass final decree or draw the final decree were required to be taken. If that opinion is accepted as it is, the Court below has rightly rejected the application filed by the Petitioners herein for stay of execution proceeding on the assertion that no execution can 2 proceed till final decree is passed. The basis being incorrect, the Court below has rightly rejected the Petitioners’ application. 3. To get over this position, Counsel for the Petitioners to substantiate his contention that the opinion of the Court below is incorrect, invited my attention to the contents of the execution application(Darkhast) filed by the Respondents before the Executing Court. That cannot be the basis to answer the point in issue. The Court below has recorded the opinion on the basis of the judgment in question and proceeded to hold that it was a final decree and in any case no steps for passing final decree were left. It would have been a different matter, if the Petitioners were to rely on the contents of the Judgement in question to controvert the said finding recorded by the lower Court. However, the copy of the said Judgment has not been produced on record. I see no reason to doubt the correctness of the view taken by the lower Court as referred to above. Hence, this Writ Petition fails. The same is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)