1 WP 8246/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8246 OF 2011 Rafiq Yoonusmiya Janjirkar : Petitioner versus FatimaMohamed Sharief & ors. : Respondents. Mr.M S Kadu for the Petitioner. CORAM:- R M SAVANT, J DATED :- OCTOBER 07, 2011. P.C. 1 The above Petition filed under Article 227 of the Constitution of India takes exception to the order dated 16-09-2011 passed on the application for stay in Regular Darkhast No.3 of 2011. The Petitioner herein, who is the applicant in the said application, is a judgment debtor by virtue of the decree passed in R.C.S. No.31/2011. The said decree was confirmed by the 1st Appellate Court and thereafter by this Court in Second Appeal No.462/10 as a consequence of its dismissal by an order dated 13/12/2010. It appears that the Petitioner, much after the said proceedings have culminated by dismissal of the Second Appeal has filed a suit for specific performance being Special Suit No.125 of 2011 seeking specific performance of an agreement entered into by the father of the 2 WP 8246/11 Plaintiff with the decree holder some time in the year 1994. Pertinently reliance on the said purported agreement of 1994 was not placed whilst defending the said R.C.S. No.31 of 2001. The Petitioner, it appears is bent seeing to it that the decree passed in the said R C S No.31/01 is not executed and towards that end has been filing applications. The instant application, in which the impugned order has been passed, is one such application wherein the Petitioner sought to invoke Order 21 Rule 29 of the Civil Procedure Code for staying the execution of the decree on the specious ground that the suit filed by him for specific performance is pending and till such time the said suit is adjudicated, the decree passed in R.C.S. No.31 of 2011 should not be executed. The trial Court taking into consideration the aforesaid conspectus of facts has rejected the said application by the impugned order. 2 Having considered the impugned order, in my view, no interference is called for in the writ jurisdiction of this Court under Article 227 of the Constitution of India. The above Writ Petition is accordingly dismissed. (R M SAVANT, J)