1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 658 OF 2008 Kalyan s/o Shivajirao Lomte & another .. APPELLANTS VERSUS Chief Officer, Nagar Parishad, Ambajogai .. RESPONDENT Shri Dalal, Advocate for the appellants. Shri Vivek Bhavthankar, Advocate for the respondent. ===== CORAM : R. M. BORDE, J. DATE : 31 st August, 2009. PER COURT : 1 Appellants herein preferred Regular Darkhast no. 3/2003 seeking execution of the decree passed in Regular Civil Suit no. 375/1983. Execution application tendered by appellants herein came to be rejected on the ground that the Municipal Council against whom execution was sought for was not party to the suit. Order passed by the executing court rejecting execution application holding it to be not maintainable was subjected to challenge before the first appellate court in Misc. Civil Appeal no. 43/2003. First appellate court also after considering the rival contentions dismissed the 2 appeal by judgment and order passed on 11-10-2005. 2 I have perused the orders passed by both the courts below. Admittedly, Municipal Council against whom certain orders are sought for in the execution application was not party to the proceeding in Regular Civil Suit no. 375/1983. The courts below were justified in turning down the application seeking execution of decree against the Municipal Council. No substantial question of law arises for consideration of the appeal. Appeal therefore stands dismissed summarily. 3 In view of dismissal of the appeal, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/sa658.08.odt