1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 7088 OF 2009 Appasaheb s/o Pandurang Jadhav .. PETITIONER VERSUS Janta Raja nagari Sahkari Pat Sanstha Maryadit, & others .. RESPONDENTS Mr. S.S. Shete, Advocate for the petitioner. Mr. H.F. Pawar, Advocate for the respondents. ===== CORAM : R. M. BORDE, J. DATE : 23rd MARCH, 2010 PER COURT : 1 The property purchased by the petitioner is stated to have been mortgaged with respondent no. 1 co-operative society. The petitioner contends that he has purchased the property from respondent no. 5 who is the real brother of the principal borrower i.e. respondent no. 2. In execution of the award, the property mortgaged in favour of the society is sought to be attached and the same is proposed to be sold in execution of the award for recovery of the amount. The property having fallen in the hands of the petitioner which is already mortgaged with respondent no. 1 society is liable 2 to be proceeded. The objection raised by the petitioner that he was not party to the award and as such proceedings in respect of execution cannot be initiated against him, is without any foundation as the property which had fallen in the hands of the petitioner is already mortgaged by the principal borrower to society and as such, the society in execution of the award is entitled to proceed against such property. It is stated by learned counsel for the petitioner that separate objection application is tendered in pending darkhast and the same is yet to be adjudicated by the executing court. The petitioner has liberty to press the application before appropriate forum. So far as the instant petition is concerned, the same does not require any consideration in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition therefore stands rejected summarily. Interim relief granted earlier stands vacated. 2 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp