rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8167 OF 2007 WRIT PETITION NO.8167 OF 2007 WRIT PETITION NO.8167 OF 2007 Anil Krishnaji Naik .. Petitioner. V/s. Deepak Digambar Naik .. Respondent. Mr.P.K.Hushing for Petitioner. CORAM : S.C.DHARMADHIKARI,J. CORAM : S.C.DHARMADHIKARI,J. CORAM : S.C.DHARMADHIKARI,J. DATE : 28TH JANUARY, 2008. DATE : 28TH JANUARY, 2008. DATE : 28TH JANUARY, 2008. P.C.:- P.C.:- P.C.:- . Heard Mr. Hushing appearing for the Petitioner. Perused with his assistance the order below Exhibit 355 in Special Darkhast No. 181 of 1981. The order under challenge has been passed during the course of hearing of the final decree proceedings. What was before the learned Executing Court, was a preliminary decree. In such circumstances, it would be just, fair and proper to permit the Petitioner to raise all pleas as urged in the present petition, at the stage of final decree proceedings. Needless to state that when the said proceedings are taken up all applications which are connected therewith shall also be dealt with by the Executing Court. All pleas of both sides in that behalf are kept open. There is no reason to interfere at this stage. The petition is dismissed. Leave to replace Exhibit D1 granted. Amendment to be carried out forthwith. (S.C.DHARMADHIKARI, J.) (S.C.DHARMADHIKARI, J.) (S.C.DHARMADHIKARI, J.)