1 WP No.5615/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5615 of 2010 Tarabai Shivsahay Pardeshi & ors. ... Petitioners versus Deepak Deviprasad Pardeshi & Ors. ... Respondents ... Mr.Pratap V. Patil for the petitioners Mr.S.N. Patil, AGP for respondent CORAM : D.G. KARNIK, J. DATED : 26th July 2010 P.C. 1. The petitioner challenges the order dated 30 April 2010 passed by the learned Civil Judge, Jr.Division sending the decree to the Collector for partition. Two objections are raised to the impugned order. It was firstly contended that no notice was issued prior to proceeding with the hearing of the execution petition. The decree was passed on 5 July 1998. The execution proceedings were filed. The impugned order was passed on 30 April 2010 i.e. Within two years of the decree. As such, no notice was necessary. Secondly, it was contended that respondents had not deposited sum of Rs.6,00,000/­ which was their obligation under the decree and therefore, the decree was not executable as it was a contingent conditional decree. 2 WP No.5615/10 2. Perusal of the decree shows that it was not a contingent or conditional decree but cross decree appears to have been passed. It is open to the respondents to execute the cross decree. No interference in exercise of writ jurisdiction is called for. Writ Petition is rejected summarily. (D.G. KARNIK,J.)