mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4915 of 2008 Jagan Shivram Gade & Anr. .. Petitioners versus Raosaheb Baburao Date & ors. .. Respondents ... Mr.Manoj Chatage i/b R.N. Gite for the petitioners. CORAM : A.M.KHANWILKAR, J DATED : 13th August 2008 P.C.: 1. The argument of the petitioner that the court below was obliged to allow the application in view of the mandate of Rule 97 Order 21 cannot be countenanced in law for the simple reason that the properties which the petitioner wanted to be considered were not subject matter of suit. The requirement of considering all issues raised by the obstructionist as suit is only in respect of the properties which were subject matter of suit. To that extent, the execution court is obliged to consider all aspects of the matter. Accordingly, I find no reason to depart from the opinion expressed by the court below that the purport of the application filed by the petitioner was to direct the decree holder to add some new properties at the stage of execution which is unacceptable. Hence, no interference in exercise of writ jurisdiction is warranted. Petition is dismissed. (A.M.KHANWILKAR, J)