1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4097 OF 2008 Namdeo Krisha Bhosale (deceased) through L.R.s & Ors. ..Petitioners. V/s. Smt.Adhikabai Laxman Kambale. ..Respondent. Mr.A.B.Avhad for petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JULY 17, 2008. DATE : JULY 17, 2008. DATE : JULY 17, 2008. P.C. : P.C. : P.C. : 1. There is no infirmity in the order, as passed by the lower Court, which is to effectuate the decree, which has attained finality. No case for exercising writ jurisdiction is made out. 2. The argument of the Petitioners that, execution of Decree is already time barred is concerned, that argument has been raised for the first time before this Court. There is nothing on record to indicate that such plea was taken before the lower Court in earlier point of time. Indeed, if the Petitioners take that plea before the lower Court even now, that will have to be addressed at the first instance by the lower Court. 2 3. This Petition is dismissed with liberty to the Petitioners to raise issue of limitation regarding execution of decree, which will be decided on its own merits in accordance with the law. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)