Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 43 of 2009 Dr. Sharad C. Ambike ...Petitioner V/s. Smt. Laxmibai Dangmali & ors. ...Respondents Prafulla B. Shah for the petitioner. Geeta Mukharjee for respondent no.1. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 22ND JANUARY, 2009 : 22ND JANUARY, 2009 : 22ND JANUARY, 2009 P.C. . Heard Counsel for the parties. On the finding of fact recorded by the Courts below, the conclusion reached is appropriate. 2. Significantly, the claim is in relation to entitlement of recovery of amount advanced by the petitioner for the construction of the suit property together with interest at Bank rate from defendant no.1, which claim is also covered by the provisions of the Rent Act. The Act bars claim for adjustment after expiry of six months. 3. Indeed, that is not the reason recorded by the Lower Court. The Court below has proceeded on the basis that the said decree ought to have been put in execution 2 within 12 years from 12th November, 1987-which period expired in November 1999; whereas the petitioner wanted to set up that claim by amending the execution application in terms of the relief claimed in application moved only in October, 2007. 4. No interference is warranted in exercise of writ jurisdiction. Dismissed. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]