jpc 1 wp8193-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 8193 OF 2011 Sunil Jagdishprasad Agarwal and another ... Petitioners Versus Jayanti Umedmal Ranka ... Respondent Mr. Shiva Patil, for the petitioners Mr. A. P. Vanarse, for the respondents CORAM: R. M. SAVANT, J. DATED : 8th December, 2011 P.C. : 1. The above petition takes exception to the order dated 3rd August, 2011 passed by the learned Civil Judge, Senior Division, Pune by which order the Judgment Debtors i.e. the Petitioners herein were directed to deposit D.D. for the decreetal amount in the Court on or before the next date, failing which the arrest warrant was to be issued against the petitioners. 2. The learned counsel appearing for the petitioners states that the arrest warrant, in fact, has been issued as the petitioners have not complied with the said order. It appears that the application filed by the jpc 2 wp8193-11.sxw Petitioners under Section 47 of the Civil Procedure Code, objecting to the execution of the decree is as yet pending. However, the cause for passing the impugned has arisen on account of dishonour of the cheques issued by the petitioners to the Decree Holder. It is also an undisputed fact that the petitioners' property being Survey No. 6595, Shit no. 96 admeasuring 267.7 sq. mete, situated at Village Tukdi Pune Taluka Haveli has already been attached vide warrant of attachment dated 31st December, 2010. If that be so, in my view, the decree has to be executed either by attachment of the property or by putting the Judgment Debtor in civil prison. However, since the property has already been attached, in my view, there was no warrant to issue the arrest warrant against the petitioners. The property in question could be dealt with in accordance with law by the Executing Court. Therefore, the impugned order, in so far as it directs the arrest warrant to be issued against the petitioners would have to be set aside and is accordingly set aside. 3. The Executing Court to proceed with the Execution Proceedings bearing Regular Darkhast No. 304 of 2002 in accordance with law and would be entitled to pass such orders as are required to realise the decreetal amount. The Executing Court may also dispose of the jpc 3 wp8193-11.sxw application filed under Section 47 of the Code by the petitioner which is yet pending. The said application to be disposed within a period of 8 weeks of the appearance of the parties. The parties to appear before the trial Court on 9th the December, 2011, when the execution proceedings, as I am informed, are kept for hearing. 4. With the aforesaid observations the writ petition is disposed of. (R. M. SAVANT, J.)