1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5376 OF 2009 Smt. Tarabai Dashrath Kadam & Ors. .. Petitioners Versus Bhaskar Pandharinath Kadam. .. Respondent -- Shri R.D. Soni i/by M/s. Ram & Co. for the Petitioners. Shri M.M. Sathaye for the Respondent. -- CORAM : A.S.OKA, J. DATE : 18TH FEBRUARY, 2010 P.C: . Heard the learned counsel appearing for the Petitioners who are the judgment Debtors. Various objections were raised by the Petitioners in execution application. By an order dated 16th October, 2008, the said objections have been overruled. It is stated that the Petitioners have preferred an appeal against the said order before the District Court. The challenge in this Writ Petition under Article 227 of the Constitution of India is to an order dated 10th November, 2008 by which the Court Commissioner was appointed by the Executing Court to execute a Sale Deed in respect of the suit property. It is an admitted position that the Sale Deed has already been executed by the Court Commissioner and the same has been duly registered. In the circumstances, this Writ Petition under Article 227 of the Constitution of India cannot be entertained. The appeal preferred by the 2 Petitioners is pending before the Appellate Court, and therefore, the contention raised by the Petitioners regarding executability of the decree will have to be gone into in the Appeal. All issues in the pending Appeal are kept open. No case for interference is made out. The Writ Petition is not entertained and the same is rejected. (A.S.OKA, J) ash