IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1148 OF 2009 Shri Yallapa Timma Hangal ...Petitioner V/s. Shri.Shivaji Narhari Kawade & Ors. ...Respondents ...... Mr.A.P.Vanarse for Petitioner. Mr.Mandar Limaye for Respondents 1 to 4. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 4, 2009. MARCH 4, 2009. MARCH 4, 2009. P.C. 1. According to the Petitioner, the question as to whether the relief of possession ordered in terms of impugned order dated 17th October 2008 is consistent with the decree, has been raised and until the same is decided, the question of proceeding to issue possession warrant or to act upon the said order would make the issue raised by the Petitioner fate accompli. There is substance in this argument. 2. The appropriate course for the Executing : 2 : Court is to first decide the objection raised on behalf of the Petitioner and only thereafter proceed to give effect to order dated 17th October 2008. 3. Till appropriate order is passed by the Executing Court on the application preferred by the Petitioner, the order impugned in this Petition dated 17th October 2008 shall remain in abeyance and will be subject to the outcome of the said proceedings. 4. The Executing Court may decide the pending application of the Petitioner expeditiously and not later than one month from the receipt of this order. 5. This arrangement will obtain only in respect of those Judgment Debtors who have taken objection such as taken by the Petitioner. 6. Petition disposed of on the above terms. : 3 : A.M.KHANWILKAR, J.