1 W.P. 3216/2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3216/2011 VILAS S/O YASHWANTRAO PATIL VS. SHRIKRUSHNA KALIDAS JOSHI & OTHERS Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. NIRGUDE, J. DATED : 30th June, 2011. Mr. A.N. Sabnis, Advocate for the petitioner. Mr. V.J. Dixit, Senior counsel I/b Mr. L.V. Sangeet, Advocate for respondent No.1. Respondents Nos. 2-C, 2F, 2G absent though served. 1. Heard. 2. This writ petition is filed against the order passed by learned District Judge-5, Jalgaon on Exh. 20 in Civil Application No.128/2010. The petitioner raised objection to the execution proceeding initiated by the respondent No.1, decree holder. The decree was for possession of a plot of land and structure standing thereon. The execution Court considered the objection on merits and giving opportunities to all the parties, recorded finding that the petitioner is claiming through the judgment debtor, and dismissed the objection. The petitioner took this decision before the 2 W.P. 3216/2011 learned District Judge in Civil Application No. 128/2010. During the pendency of this application, the petitioner sought leave to amend his original objection. This time, he is trying to raise an objection that the transaction between the original parties to the suit, was illegal because the owner of the plot, while he was a minor, had sold the property to the predecessor of the present decree holder. He is trying to suggest that due to such defect, the title of the decree holder was defective. Such an objection is not only frivolous but is even irrelevant. The petitioner is admittedly saying that he became concerned to the suit property because he became partner to the judgment debtor Vasant. Admittedly, Vasant lost litigation up to Supreme Court. This objection was never raised by the judgment debtor. Therefore, such an objection can not be raised by the person who claims through the judgment debtor. I find no error in the impugned order. The petition is dismissed. [A.V. NIRGUDE,J.] ts k/2011/June30/wp3216.11