1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5898/2009. (Babai w/o Rangnath Gund through her GPA – Santosh s/o Rangnath Gund Vs. Hausrao s/o Arjun Waje (Deceased) through L.Rs. Haribhau Hausrao Waje and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs.MD Thube-Mhase, Adv. for petitioners; Mr.AP Bhandari, Adv. for Resp.Nos. 1Aa) to 1Ae; Mr.KB Autada, Adv. for Respondent No.2. *** CORAM : K.U.CHANDIWAL ,J. DATE : 18 th October, 2010. ... 1) Heard. 2) Regular Civil Suit No.262/1979 was decreed, wherein the Court declared that the sale of the suit property by the defendant no.1 in favour of defendant no.2 as null and void. The decree reached the finality. 3) Regular Darkhast was moved, in which, an application, in terms of Section 47 of Code of Civil Procedure, was moved. The learned Judge did not entertain the application and same is the subject of criticism in the writ petition. 4) The submissions of learned counsel for petitioners basically revolve to the merits in the suit, as she refers to 2 Section 19 of the Specific Relief Act, 1963. This Court, sitting in writ jurisdiction, will not be adjudicating fate of the decree, that has already been passed, reached finality at two appellate courts. The other aspect in the matter is, applicability of Section 47 of CPC -"relating to execution". It does not mean that the very nature of the property, subject of the suit, was not involved to be executed or to be put for the relief as sought by the plaintiff. The order under challenge, in the set of above facts, cannot be called to be warranting any interference. Writ Petition lacks merits, dismissed. No costs. (K.U.CHANDIWAL) JUDGE bdv/