1 wp6437-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 6437 OF 2011 Smt. suvarnalata Dhermendra @ Nagendra Patil .. Petitioner Versus Subhash Vishnupant Kanzar ... Respondents Mr. Pritam Killedar for the petitioner CORAM : R. Y. GANOO, J. DATED : 3rd October, 2011 P.C. 1. Head learned advocate Mr. Killedar for the petitioner. 2. An application below Exh.117, under Section 47 of the Code of Civil Procedure, came to be filed in Regular Darkhast No. 493 of 2000 on the ground that the sale deed cannot be executed as permission from the Urban Land Ceiling Department (ULC Department) has not been obtained which was a condition precedent for execution on the sale deed. This application has been rejected by the learned Joint Civil Judge, Senior Division, Kolhapur by order dated 28th March, 2011. This would mean that the sale deed has to be executed without there being any permission from the ULC Department. 3. It is required to be noted that in Writ Petition No. 4616 of 2008, this Court, by order dated 9th July, 2010, has specifically observed that the 2 wp6437-11 executing Court committed no error in directing the execution of the sale deed without obtaining permission under the Urban Land Ceiling Act. This observation of the Court has not been set aside by any order of the Apex Court. If this be so, it is a clear indication to the executing Court that no objection from the ULC Department should not be insisted. 4. In view of the aforesaid discussion, no interference is required in the impugned order dated 28th March, 2011. Writ Petition is dismissed at the stage of admission. 5. There shall be no order as to costs. (R. Y. GANOO, J.)