1 WP No.5369/09 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5369 of 2009 Shankar N. Bhosale ... Petitioner versus Smt.Rakhmabai Bidu Yadav & ors ... Respondents ... Mr. Anil kumar Patil for the petitioner. CORAM : D.G. KARNIK, J. DATED : 30th July 2010 P.C. 1. By this petition, petitioner challenges the order dated 9 April 2010 rejecting the petitioner’s application purportingly made u/s.47 r/w Order 21 Rule 101 of the Code of Civil Procedure (for short “the Code”) 2. By that application, the petitioner sought to challenge the decree on merits. He firstly contended that the suit property was a trust property and has been purchased by him after obtaining the permission of the Charity Commissioner and therefore it was not liable for partition. Secondly, he contended that since the property belonged to a trust and devasthan but an issue to that effect was framed by the trial Court. 2 WP No.5369/09 3. It is settled principle of law that executing court cannot go behind the decree. The illegality or error in the decision of a suit can be corrected only in an appeal or revision, as the case may be. Executing court has no authority to go behind the decree and examine its correctness. Consequently, trial court committed no error in rejecting the application. Though the reasons given by the trial court for rejecting of an application are different, the ultimate conclusion was right and the final order calls for no interference. Writ Petition is rejected summarily. (D.G. KARNIK,J.)