1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3766 OF 2009 (Laxman Bakarm Gaidhane vs. Krishi Utpanna Bazar Samiti & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 03, 2010. Heard Shri Vyawahare, learned counsel for the petitioners and Shri Parchure with Shri Sharma, learned counsel for respondent No. 1. The question is whether the petitioner/ judgment debtor is jointly liable or can be treated as severally liable in execution proceedings, the orders passed on an application for adjournment moved vide Exh. 15 on 10.08.2009 has been questioned in present writ petition. The learned counsel for respondent No.1 has pointed out that main execution is still pending and similar objection raised vide Exh. 16 thereto has not been decided. He points out that execution proceedings are pending since 2006 and suit is of the year 2001. According to the learned counsel, therefore, if Exh. 16 is directed to be decided afresh in time bound manner, that would be in the fitness of things. The learned counsel for the petitioner states that this Court has already granted interim relief to the 2 petitioner and that interim relief should be continued in the meanwhile. Considering the nature of controversy, as Exh. 16 is pending, it will be better if the Executing Court decides Exh. 16 itself in accordance with law in the light of judgments cited before it. The impugned order passed below Exh. 15 shall not be looked into and considered by it while deciding Exh. 16. The fresh decision on Exh. 16 be taken as early as possible and in any case by 30.04.2010. Till then the parties shall maintain status quo in relation to property of the petitioner as on today. In view of these orders, Civil Application No. 2243 of 2009 as filed is rendered infructuous. JUDGE *GS.