IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6162 OF 2008 Sou.Sulochana Ashok Chougule & Anr. ...Petitioners Versus Ananda Dadu Jadhav & Ors. ...Respondents ...... Mr.Amit Borkar for Petitioners. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. SEPTEMBER 9, 2008. SEPTEMBER 9, 2008. SEPTEMBER 9, 2008. P.C. P.C. P.C. 1. Heard Counsel for the Petitioners. 2. I am at a loss to understand as to how the order which is passed by the lower Court will cause any prejudice to the Petitioner. In fact, the decree holder should be making the grievance about the impounding of decree. 3. The argument of the Petitioner is that the Executing Court will assume jurisdiction only if : 2 : the decree is properly stamped. In the present case that was lacking. The Executing Court, therefore, could not have proceeded to impound the document. As aforesaid, that grievance can be made by the decree holder and not the Petitioner who is the Judgment Debtor No.3. It is the Judgment Debtor No.3 (Petitioner herein) who wanted the Executing Court to hold that the decree is inexecutable. That contention has been virtually accepted by the lower Court, for which reason, consequential order has been passed by the Court to impound the decree in question for taking the matter to its logical end. 4. Taking any view of the matter, no interference in exercise of writ jurisdiction under Article 227 of the Constitution of India is warranted. 5. Counsel for the Petitioners relied on decision of the Apex Court in the case of Jhumman Jhumman Jhumman Singh & Ors. vs. Central Board of Investigation & Singh & Ors. vs. Central Board of Investigation & Singh & Ors. vs. Central Board of Investigation & Ors. reported in (1995) 3 SCC 420 Ors. reported in (1995) 3 SCC 420 Ors. reported in (1995) 3 SCC 420. This Judgment is of no avail to the Petitioners. This Judgment : 3 : does not take the view that the Executing Court is incapable of passing order of impounding the document even after recording a finding that the decree is not properly stamped. There is marked distinction between decree being inexecutable and lack of jurisdiction in the Executing Court to proceed in the matter. 6. In the circumstances, this Petition is dismissed. A.M.KHANWILKAR, J.