1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTIC OF MOTION NO.1536 OF 2009 IN EXECUTION APPLICATION NO.133 F 2009 IN SUIT NO.1783 OF 1981 Manohar Verhomal Dudani and others ..Plaintiffs. Vs. Mohan Kukreja and others ..Defendants. .... Mr. Ranjit A. Thorat with Mr. P.V. Shah for the Plaintiffs. Mr. S.K. Sthalekar for Defendant Nos.1A and 1B. .... CORAM: DR. D.Y. CHANDRACHUD, J. 5th May, 2009. P.C. : The suit for specific performance was decreed on 29th August, 1998. The appeal was dismissed on 31st July, 2007 and a Special Leave Petition came to be dismissed by the Supreme Court on 29th February, 2008. The decree was set in execution at which stage the Judgment Debtor obstructed the process of execution. On 22nd April, 2009 an 2 order was passed by this Court in terms of the Judge’s Order to facilitate the process of executing the decree. The Notice of Motion has been lodged on 22nd April, 2009 seeking a modification of the decree to the effect that the Judgment Debtor is ready and willing to pay a sum of Rs.60 lacs towards the price of the flat to the Plaintiffs. The decree for specific performance has been confirmed in appeal and by the Supreme Court. The Judgment Debtor has exhausted all the remedies available in law. The Notice of Motion that is filed is a sheer abuse of process. It would not be permissible for the Court in the course of the execution proceedings to modify the decree. There is no merit in the Notice of Motion which is accordingly dismissed. *****