1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5332 of 2009 Punjaji Abaji More (deceased) by LRS Anil Punjaji More & ors. ... Petitioners versus Sudhakar Abaji Khairnar & ors. ... Respondents ... Mr. P.S.Dani for the petitioner. Mr.P.N.Joshi for respondent nos.1, 2 and 3. CORAM : D.G. KARNIK, J. DATED : 17h June 2010 P.C. 1. Respondent is a decree holder and petitioner is the judgment debtor. 2. Respondent no.1 filed a suit for partition of the suit property against her brother. During the pendency of the suit, petitioner appears to have purchased the share of the brother and on his request was made a party to the suit. A decree for partition has been passed. In a execution petition filed by the respondent no.1 the petition filed his say and at the time of hearing of the execution application, made further application at Exhibit-33 praying that possession warrant be not issued. 2 The trial court held that the appeal against the decree has been dismissed by the High Court and therefore the execution proceedings would have to be proceeded with in accordance with law. That order is impugned in this petition. 3. In my view, there is no merit in the writ petition. Since the appeal has been dismissed, the executing court must proceed with the execution of the decree in accordance with law. With this observation, writ petition is rejected summarily. (D.G. KARNIK,J.)