-1- 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.4812 OF 2006 Gunadham Nandappa Shetty & ors .. Petitioners. Vs Ranjit Vishwasrao Chiplunkar, .. Respondent Mr T.D.Deshmukh, for the petitioners. Mr K.Y.Mandlik i/b Prachi A Nimbalkar,for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 04.09.2006 DATE : 04.09.2006 DATE : 04.09.2006 PC: PC: PC: 1. Heard the learned counsel for the parties 2. This petition is directed against the order dated 31.3.2006 passed by the learned Addl.Judge, SCC, Pune, by which the application filed by the petitioners under Order 39, rule 1 of the Code of Civil Procedure in C.S.No.46 of 2006, has been rejected. The respondent had filed the suit (C.S.No.127 of 1990) for recovery of possession of the suit premises in which the petitioners-plaintiffs were defendant nos 8,9 and 10. That suit was decreed against them. The matter was carried upto the Supreme Court. Before all the Courts the petitioners had lost. I am informed that before the Supreme Court they sought time to vacate the suit premises and the time was granted on usual terms. After the period granted by the Supreme Court for vacating the suit premises got over, the petitioners have filed the -2- present suit challenging the decree passed in C.S.No.127/90 and have prayed for stay of the execution. The present suit is based on some document which, according to the petitioners, was not within the knowledge when they contested the earlier suit. I perused the impugned order and the other material placed before the court. It is clear that after having lost one round of litigation the petitioners have filed the present suit. Even if it is assumed that they have good case on merits, which, prima facie, in my opinion, they do not have, they can take further remedies/proceedings available in law, if they ultimately succeed in the present suit. In any case, the execution cannot be stalled of a decree which has been confirmed right upto the Supreme Court. For the reasons stated in the order impugned, I find absolutely no merit in the contentions advanced by the petitioners in the present petition and hence no interference is called for under Article 227 of the Constitution of India. The writ petition is dismissed. (D.B.BHOSALE,J.)