1 WP 7800/2010 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7800 OF 2010 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Vaibhav Gaikwad i/b Mr. A.M. Kulkarni for the petitioners. Mr. V.M. Joshi for the respondents. CORAM : D.G. KARNIK, J DATE : 1ST AUGUST 2011 P.C. : 1. The petitioners are the judgment debtors. They applied to the Court for dismissal of the Darkhast allegedly on the ground that the decree was not lawful. The executing Court rejected the application. That order is impugned in the present petition. 2 WP 7800/2010 2. Learned counsel for the petitioners submitted that in the original suit, the decree holder had not obtained the permission of the Charity Commissioner and it could not have filed the suit. The executing Court cannot go behind the decree. The objection to the decree is not in relation to the jurisdiction of the Court and the executing Court had rightly not entertained it. 3. It was secondly contended that the judgment debtors were the tenants and therefore the decree could not have been passed by consent. In the suit, there was no issue regarding the tenancy. This contention therefore also has no merit. 4. There is no merit in the petition which is hereby rejected. (D.G. KARNIK, J.)