1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3931 OF 2008 (Ramaji Gawande vs. Sumanbai Vitthal Gawande & Anr.) 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. NOVEMBER 11, 2008. Heard Shri Mohta, learned counsel for the petitioner and Shri Chopde, learned counsel for the respondent finally. The perusal of the judgment and decree sought to be executed by the respondent itself shows that there is no decree for possession in his favour and the Court below has given him liberty to follow proper procedure for obtaining the possession. Thus filing of execution only on the basis of said liberty is misconceived. The lower Court has overlooked this part and it appears that because of heavy workload, it has mechanically passed the order issuing warrant under order 21, Rule 35 of Civil Procedure Code. The impugned order dated 19.8.2008 is, therefore, unsustainable. The execution itself could not have been filed. The said execution i.e. R.D. No. 5 of 2008 is, therefore, quashed and set aside along with the impugned order. 2 Writ Petition is accordingly allowed. Needless to mention that the respondents are at liberty to recover possession in accordance with law. No order as to costs. JUDGE *GS.