1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.2002 of 2007 Smt. Indubai Bhajandas Mahadik & ors. Petitioners Vs. Trimbak Yavanktrao Kokate & ors. Respondents Mr.S.S.Salunkhe for petitioners. Mr.K.B.Sonwalkar for respondent nos.2,4 & 5. CORAM: B.H.MARLAPALLE, J. April 3, 2008 P.C. . Heard the learned counsel for the petitioners who claim to be the LRs of Bhajandas Mahadik who was defendant no.6 in Regular Civil Suit No.222 of 1994 and the said Suit was decreed on 17/8/1999. Regular Darkhast No.85 of 1999 has been filed by the decree holder for execution of the decree. . In the said Regular Darkhast, an application at Exhibit 95 was filed by the present petitioners stating that Changdeo - the original defendant died on 3/4/1999 and his LRs were brought on record in the execution proceedings. The petitioners claim that Bhajandas, one of the LRs of late Changdeo has been missing and the applicants are the children of 2 Bhajandas. The application at Exhibit 95 filed by them in the Regular Darkhast prayed for a declaration that they are the LRs of missing Bhajandas and they are capable of obstructing the decree. The said application has been rejected by the impugned order dated 5/12/2006 by the Executing Court. . If the petitioners’ father Bhajandas has been missing for the last more than eight to ten years, they may have a legal remedy before some other forum / Court for such a declaration and such an issue does not lie within the jurisdiction of the Executing Court and, therefore, the application made at Exhibit 95 has been rightly rejected. No interference is called for in the said order. . Hence the petition is rejected summarily. . This order will not come in the way of the petitioners to approach the appropriate Court for getting a declaration for the missing of Bhajandas. (B.H.MARL