1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.483 OF 2010 Ghamaji Savaliram Khandbahale (deceased) through his L.R. Smt.Venubai Hiraman Khandbahale & Ors. .. Petitioners versus Parashram Eknath Khandbahale & Ors. .. Respondents Mr. Shrikant Chavan i/by Mr.P.D.Patil for the petitioners. Mr.A.A.Garge for the respondent Nos.1 and 2. CORAM : A.S.OKA, J. DATE : 30th April 2010. P.C.: . Heard learned counsel appearing for the petitioners. The petitioners are the decree holders and the respondent Nos.1 to 8 are judgment debtors. The 2nd and 3rd respondents (2nd and 3rd judgment debtors) filed an application at Exhibit 43 raising various objections to the executability of the decree by contending that the decree is not binding on them and cannot be executed against them. By judgment and order dated 26th September 2007, the said application was rejected. An appeal was preferred purporting to be a Civil Appeal before the District Court by the 2nd and 3rd respondents which has been allowed by the impugned order. After having heard the learned counsel appearing for the parties, I find that application at Exhibit 43 was made by the 2nd and 3rd respondents for raising objections in accordance with section 47 of the Code of Civil Procedure, 1908. The said Code provides for no appeal against order passed on adjudication under section 47 of the said Code. The learned counsel for the 2nd and 3rd respondents could not show as to how the appeal was maintainable. In the 2 circumstances, an appeal being creation of a statute, the same was not maintainable. Without considering the said aspect, the appeal has been entertained and allowed. Therefore, the impugned order will have to be quashed and set aside. However, the 2nd and 3rd respondents will be entitled to file appropriate proceedings for challenging the order dated 26th September 2007 passed by the executing Court. 2. Hence, I pass the following order: : O R D E R : (a) The impugned judgment and order dated 8th October 2009 is quashed and set aside and Civil Appeal No.308 of 2007 is dismissed as not maintainable. (b) It will be open for the 2nd and 3rd respondents to file appropriate proceedings for challenging judgment and order dated 26th September 2007. (c) All contentions of the parties in that behalf are expressly kept open. (d) The order of status-quo granted by the executing Court on 17th August 2007 will continue to operate for a period of six weeks from today to enable the 2nd and 3rd respondents to file appropriate proceedings. (A.S.OKA,J)