ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 3790 OF 2008 PETITION NO. 3790 OF 2008 PETITION NO. 3790 OF 2008 Ms.Dipti Santosh Sharma ...Petitioner Vs. Shri Devidas Taraprasad Sharma & Ors....Respondents. Mr.R.M.Haridas with Mr.P.N.Joshi for the Petitioner. Mr.S.M.Gorwadkar for Respondent No.1. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 21st November, 2008. : 21st November, 2008. : 21st November, 2008. P.C. P.C. P.C. . The Petitioner has challenged the impugned order whereby, the executing Court rejected his application wherein various objections were raised with regard to the property involved in the matter. 2. Admittedly, the suit is for partition. The Petitioner is the daughter of one of the share holders. After considering the merits of the matter, the Court has granted preliminary decree and later on final decree also. The matter has attained finality throughout. The Commissioner before that, pursuance to the provisions, submitted the report which was made after hearing both the parties. The same objections were raised by the Petitioner before the Commissioner also. The same was also disposed of, attained finality. In view of this the submission that as the Commissioner report, failed to take ( 2 ) notes of various objections as raised, the executing Court should take this objection, into consideration and pass appropriate order. In this background, the executing Court refused to intervene in any objections as it is already concluded after preliminary decree and definitely the same merged into final decree which was passed after the Commissioner’s report. The power so given to the executing Court under Section 47 of the Code of Civil Procedure (for short, "CPC"), just cannot be utilized to interfere with the decisions given by the Courts which has attained finality till the Supreme Court which includes the objections as raised. The Petitioner having raised objections and decided by the Commissioner by his report and that report attained finality in view of final decree which is confirmed even by the Supreme Court, I see there is no perversity in the order as passed by the Court below. 3. The Petition, is therefore, dismissed with no order as to costs. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)