1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NOS. 809 & 808 OF 2010. Abdul Rauf Sk. Ismail -: versus :- Ramkisan Ghisulal Paliwal and another Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 18, 2010. Heard Mrs. S.W. Deshpande, learned Counsel for Petitioner. Perused the impugned order in Writ Petition No. 809/2010, which refuses grant of stay of execution of judgment and decree delivered on 12.09.2008 in Regular Civil Suit No. 77/1997. Petitioner was aware of the judgment and decree and did not prefer to challenge it. He raised various contentions including filing of a separate suit vide Regular Civil Suit No. 100/2008. Contention that suit property is not identifiable was also raised and ultimately the judgment and decree dated 12.09.2008 is challenged by filing Regular Civil Appeal with prayer for condonation of delay. The application is the ground that Advocates have not suggested challenge to that judgment and decree. The fact show that the matter has come to this Court after that judgment and decree at least twice. The District Judge-1, Achalpur has rightly considered the 2 controversy and has noticed that the application for temporary injunction was rejected in Regular Civil Suit No. 100/2008 and Misc. Civil Appeal filed against it was also dismissed by it. It also noticed that in that case, the present petitioner claimed that the suit was filed in the name of wrong person and his name was Abdul Rauf son of Sheikh Ismail. The facts therefore clearly show that the petitioner is trying to abuse the process of court. If the delay is condoned and ultimately appeal is allowed, the possession can be restored back to petitioner. No case is made out warranting interference in writ jurisdiction. Writ Petition is therefore, dismissed with no order as to costs. ...... Writ Petition No.808/2010. Against the order dated 13.01.2010 refusing to stay execution and rejecting application of petitioner on the ground that suit property is not identifiable, the present Writ Petition has been filed. The said order is passed in R.D.No. 24/2008 by the Civil Judge, Junior Division, Chandur Bazar. For reasons already recorded above, no case is made out here also. Writ Petition is therefore, dismissed. No cost. JUDGE Rgd.