1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 2564 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 2564 OF 2011 *** 1. It is not in dispute that second appeal filed by the petitioner in 1988 has been dismissed in 2008. In that second appeal, there was also stay from 2002. Execution filed in 2000 by Respondent/ decree holder has been assailed on the ground that it was barred by limitation. The executing Court has rejected that objection. 2. Shri Deshmukh contends that as there was no stay from 1988 till 2002 the execution must be treated as time barred. 3. In view of the judgment of the Honourable Apex Court in the case of "Chandi Prasad V/s Jagdish Prasad and others" reported in (2004) 8 S.C.S. 724 and subsequent judgment of learned Single Judge of this court in the case of "Mr. Joaquim Borges and another V/s Mr. Pedro Dias" reported in 2011 (1) All M. R. 334 it is 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 2564 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. apparent that doctrine of merger applies in such circumstances. View taken by the executive Court is, therefore, in accordance with law. Petition dismissed. [B.P.DHARMADHIKARI, J.] Dated:30/03/2011. ans/2564