1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3776 of 2009 (Arun M. Bajad v. Manikrao V. Rithe and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri V.M. Deshpande, Advocate for Petitioner. None for Respondent No.1. Ms Trupti Udeshi, Advocate for Respondent Nos.3 to 12. Coram : R.M. Borde, J. Dated : 24 th June, 2010 An application filed in Regular Darkhast No.1 of 2007, purported to be an application under Section 47 of the Civil Procedure Code, presented by the petitioner, has been turned down by the Executing Court by order dated 5-8-2009. While rejecting the application tendered by the petitioner, it is observed by the Courts below that the petitioner was neither party to the suit nor can be termed as representative of the either of the parties. As such the application under Section 47 of the Civil Procedure Code is not entertainable. The order passed by the Trial Court does not appear to be erroneous, as admittedly, the applicant, petitioner herein, was neither party to the suit nor is claiming as representative of the party. The application tendered under Section 47 of the Code by the petitioner has been rightly turned down by the Executing Court. There is no reason to interfere in the impugned order passed by the Executing Court. The petition is devoid of substance and the same is, therefore, rejected. 2 It would be open for the petitioner or any other party to the petition claiming entitlement in the subject-matter to avail any other remedy as may be available in law. Judge. pdl.