1 wp-1004-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1004 of 2011 Somakka Ambadas Marta .. Petitioner Versus Mohanlal Parasmal Surana (Since Deceased) through L.R.s & Ors. .. Respondents Mr. I.M.Khairdi for the Petitioner Mr. Surel Shah for Respondent Nos.1(A) to 1(C) CORAM : R.M.SAVANT, J. DATE : 15th NOVEMBER, 2011 P.C. : 1 The above Petition takes exception to the Order dated 28­10­2010 by which Order, Exhibit­11 for issuance of Sale proclamation of the suit property issued under Order 21 Rule 66 of the Civil Procedure Code, came to be allowed by the Learned Civil Judge, S.D. Solapur. 2 The Petitioner herein is the Judgment Debtor who has suffered a decree which is in the sum of Rs.5,69,935.83 and the Respondent herein is the Decree holder. The Learned Counsel for the Petitioner states that though the decree has been challenged by filing of the First Appeal in the District Court, no reliefs have been granted in the said Appeal qua the decree. It is also further required to be noted that in the execution 2 wp-1004-11 proceedings, being Special Darkhast No.45 of 2003, the property belonging to the Petitioner was attached which attachment has not been challenged. 3 The instant Petition has been filed on the ground that an application under Order 21 Rule 66 of the CPC filed by one Kalpana Marta who is the daughter of the Petitioner seeking a stay of the decree on the ground that she has a share in the property, and, therefore without rendering a decision thereon, the Trial Court could not have decided Exhibit 11 and passed the impugned order. 4 In my view, the said contention of the Petitioner cannot be countenanced as the Petitioner is not the Applicant who has filed the said Application under Order 21 Rule 66 of the CPC. It was for the Applicant i.e. Kalpana Marta, if so aggrieved to challenge the Order passed on Exhibit 11 which is impugned in the present Petition. 5 In that view of the matter, no case for interdiction is made out. The Writ Petition is accordingly dismissed. (R.M.SAVANT, J.)