IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2771 OF 2009 Smt.Radhabai w/o Tukaram Shingade & Ors. ...Petitioners V/s. Shri.Krishna Maruti Kokate ...Respondent ...... Mr.Vishwanath Talkute for Petitioners. Mr.S.S.Kanetkar for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 31, 2009. MARCH 31, 2009. MARCH 31, 2009. P.C. 1. Heard Counsel for the parties. 2. No fault can be found with the conclusion reached by the Court below that the objection taken by the Petitioners cannot be entertained as it would result in going beyond the decree. According to the Petitioners, however, the Civil Court has pronounced upon the question of whether the predecessor of the Petitioners was tenant in the : 2 : suit property, which is clearly barred by Section 85 of the Bombay Tenancy Agricultural Lands Act. The argument clearly overlooks the finding of fact recorded by the Court below that except the bald statement of the Defendant No.2 that his predecessor was tenant, no documentary evidence is forthcoming. That finding can be discerned from paragraph 14 of the Judgment of the Trial Court. It is not in dispute that the said view has been confirmed by the Appellate Court in First Appeal as well as in Second Appeal. Once this finding has become final, the argument of the Petitioners that the Civil Court had no jurisdiction does not stand to reason. However, now the Petitioners intend to rely on Certificate at Exhibit B page 21 which is purported to be Certificate of Purchase under Section 32M of the Tenancy Act. This document is being relied for the first time before this Court. Assuming that this document was to be produced before the Executing Court, the Executing Court does not have power to permit the parties to adduce further evidence on the matter which has already been considered at the trial and which finding has been confirmed by the Appellate Court. : 3 : 3. Taking any view of the matter, therefore, the Petition is devoid of merits. Dismissed. A.M.KHANWILKAR, J.