1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1538 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Sachin S.Punde for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 4TH MARCH, 2010 P.C.: . Heard learned counsel appearing for the Petitioners. The Petitioners are the judgment debtors. In accordance with the consent decree passed between the parties, the Executing Court has appointed a Court Commissioner for execution of a registered document. The order itself records that requisite procedure will be followed before the document is executed and registered. 2. Learned counsel appearing for the Petitioners submitted that they had no opportunity of being heard before the impugned order is passed. He submitted that the alleged consent decree has been passed within few days from the date of filing of the suit. 2 3. The execution application was admittedly filed within a period of two years from the date of the decree. Therefore, a notice under Rule 22 of Order XXI of the Code of Civil Procedure, 1908 was not necessary to be issued. Moreover, in view of Sub-rule (2) of Rule 34 of Order XXI of the said Code, before document is executed, the Court is duty bound to cause a draft of the document to be served to the judgment debtors together with a notice requiring objection, if any, to be filed within the time stipulated by the Court. Thereafter, in terms of Sub- rule (3) of Rule 34 of Order XXI of the said Code, the Court will have to go into the objections and pass further orders. Unless this procedure is complied with, it is obvious that the Court Commissioner will not be entitled to execute the document. 4. As of today, the decree stands and, therefore, no fault can be found with the impugned order. If the petitioners are aggrieved by the decree, it is for them to adopt appropriate proceedings. Subject to what is observed above, the Writ Petition is not entertained and the same is rejected. (A.S.OKA, J)