1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition no. 3536 of 2011 Ismail Khan Hyat Khan Vrs. Krushna Gulabrao Ghotkar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.H. Jamal, learned counsel for the petitioner. Mr. Tembhare, learned counsel for the respondent sole. CORAM : SMT. VASANTI A. NAIK J. DATE : 27 th September, 2011. Heard Shri Jamal, the learned counsel for the petitioner and Shri Tembhare, the learned counsel for the respondent. By the impugned order dated 17.6.2011 the executing court dismissed the objection raised by the petitioner to the tenability of the execution proceedings and directed the issuance of warrant under order 21 Rule 54 of the Code of Civil Procedure against the property of the petitioner. It is the case of the petitioner that in view of the provisions of order 2 Rule 2 of the Code of Civil Procedure and Section 11 thereof, the execution proceedings filed by the respondent were not tenable as previously the respondent had filed execution proceedings and had by filing a pursis submitted his unwillingness to proceed with the execution proceedings. The submission of the petitioner was rightly rejected by the executing court as a decree holder has a right to file execution 2 proceedings on more occasions than one within a period of 12 years if the decree is not satisfied on the previous occasion. The executing court rightly held that as the decree was not satisfied when the respondent filed a pursis submitting his unwillingness to proceed with the execution proceedings on the previous occasion, it cannot be said that the second execution proceedings were barred in view of the provisions of section 11 or Order 2 Rule 2 of the Code of Civil Procedure. There is no infirmity in the order passed by the executing court and the writ petition is liable to be dismissed. Hence, it is dismissed as such with no order as to costs. JUDGE Hirekhan