1 wp1249.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 1249 of 2011 Mr. Govind Rajaram Khanolkar ... Petitioner v/s. Mr. Tirthankar & Company ... Respondents Mr. Bipin Joshi for the petitioner. Mr. Sumeer Bhalekar for the respondents. CORAM:- B.R. GAVAI, J DATED :- MARCH 21, 2011. P.C. The petitioner challenges the order dated 14th January, 2011 vide which the learned Executing Court has framed the following issues:- “i) Whether the obstructionist is lawfully entitled to resist execution of the decree? ii) what order?” 2 wp1249.11.sxw 2. The learned Counsel for the Petitioner submits that petitioner in fact had submitted 7 draft issues and in view of Order 21 Rule 101 of the said Rule, issues ought to have been framed by the learned trial Court. 3. Subsequent to the framing of the issues an affidavit in lieu of examination-in-chief of the obstructionists has already been filed and he has also been cross-examined. 4. In that view of the matter, no case is made out for interference. Rejected. 5. Needless to state that the petitioner would always be at liberty to raise the grounds raised in the present petition in an appropriate proceedings in accordance with law. (B.R. GAVAI, J)