: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.1757 OF 2007 IN EXECUTION APPLICATION NO.214 OF 2006 IN SUIT NO.550 OF 1981 Kirit J. Mehta & Anr. ....Plaintiffs V/s. Nilima G. Patil & Ors. ....Defendants Mr.P.G. Lad for the Plaintiffs. Ms.Z.S. Irani i/b Mr.Prashant Tikare for Defendant Nos.2 (A), (C), (D), (E) and (F). CORAM : S.J. VAZIFDAR, J. DATED : 4TH FEBRUARY, 2008. P.C. : 1. It was contended on behalf of the deceased Defendant No.2 namely Defendant Nos.2-A, 2-C, 2-D, 2-E and 2-F that the decree is a nullity inter-alia in view of the fact that the heirs of the deceased were not brought on record prior to passing of the decree. It was further contended that the powers of the Court under Order XXII Rule 4 of the Code of Civil Procedure were not in fact exercised. 2. Mr.Lad, the learned counsel appearing on behalf of the Plaintiffs, does not deny that this : 2 : contention may be raised. He however, submits that this contention is not necessary to be considered while deciding the present Notice under Order XXI Rule 22 of the Code of Civil Procedure. He submits that the same may be taken in the execution proceedings itself. He further states that unless and until the execution proceedings are decided inter-alia after taking into consideration the above contentions, the Plaintiffs will not apply for completion of the execution proceedings. He in fact stated that the execution proceedings cannot be completed until these objections are also decided. 3. In view of the above statements made by Mr.Lad, the above contentions on behalf of the heirs of the deceased Defendant No.2 are not considered in this Notice. Liberty to the heirs of the deceased Defendant No.2 to apply, if necessary. The above order protects the interest of the concerned Defendants. 4. Subject to the above, the Notice is made absolute.