1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR Writ Petition No. 3368/2007 (Tukaram Deosingh Rathod VERSUS Pralhad Narayan Dhobale) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. R.R. Shrivastava, counsel for the petitioner. Mr. C.A. Joshi, counsel for the respondent. CORAM : Smt. Vasanti A. Naik, J. DATED : 15 th January, 2008. Heard the learned counsel for the parties. It is submitted on behalf of the petitioner that the Civil Judge (Junior Division), Malegaon was not justified in overruling the objections raised by the petitioner in the execution proceedings. I have perused the application filed by the petitioner, say of the respondent filed thereto as also the impugned order. The executing Court has rightly observed that the objections raised by the 2 petitioner could not be raised as they were barred by the principle of Constructive Res- Judicata. The executing Court has relied on a decision reported in 2004(4) Civil L.J. 377 to overrule the objections raised by the petitioner/judgment debtor. The executing Court was further justified in observing that the judgment debtor has failed to raise the objection about the correctness of the boundaries shown in the map as the same was not raised at a proper stage. The impugned order passed by the Civil Judge (Junior Division) on 29.06.2007 appears to be just and proper. It does not suffer from any jurisdictional error. The writ petition is devoid of merits, and therefore, is dismissed with no order as to costs. JUDGE APTE