WP1426 of 08. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. [Writ Petition No.1426 of 2008] [Someshwar S/o Kawduji Hatwar & another] VS. [Manik S/o Kanuji Dandekar] ----------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri JY Ghurde, Advocate for the petitioner. Coram: A. H. JOSHUI, J. Dated: 31st March 2008. 1. The petitioner proceeds on admitted fact that earlier the suit R.C.S. No.177 of 1993, which was ultimately decreed by the First Appellate Court, and the decree was upheld even in second appeal, the plaintiff's possession over the suit property was adjudicated in his favour. 2. According to the petitioner, all questions including the obstruction, if any, are now liable to be adjudicated under Section 47 of C. P. C. in execution proceedings, and not in fresh suit. 3. The petitioner has suffered the WP1426 of 08. 2 order below Exh.5, and has even lost the appeal arising therefrom. 4. By this petition, the petitioner is challenging the said order passed by the First Appellate Court on the sole ground that since the decree passed against him has attained the finality, fresh suit for same relief is not maintainable. 5. This question, if raised, would be adjudicated by the Trial Court. When suit proceeds on its own merit, however, at present, the plaintiff's possession, which is protected by the impugned order, needs to be upheld. 6. The impugned order is not shown to be illegal or erroneous or without jurisdiction. 7. No interference is called for. Petition is dismissed. JUDGE Sbm