- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3298/2009 Sou.Chhabubai w/o Suresh Mundalik. ...Petitioner.. Versus Namdeo Thaknath Sadaphal and others. ...Respondents... ..... Shri B.N. Palve, Advocate for petitioner. Respondent nos.1,2 & 3-A to 3-C served. ..... CORAM: K.K. TATED, J. DATE: 05.09.2009 PER COURT: Heard learned counsel for the petitioner. Through the respondents are served, no one appeared on their behalf when the matter was called out for admission and hearing. The petitioner – original Darkhast petitioner challenges the order dated 2.4.2009 passed by Ad Hoc District Judge-1, Kopergaon, below Exhibit 15 in DMA No.54/2008 by which review application filed by the petitioner came to be dismissed. Initially, the Ad Hoc District Judge-1, Kopergaon, passed order - 2 - below Exhibit 6 in DMA No.54/2008 granting stay of execution against respondent no.1 – Namdeo Thaknath Sadaphal. The respondent no.1 filed appeal against the judgment and decree passed in RCS No.105/2007 on the ground that the said decree is passed by the trial Court without hearing him. He further stated that the original plaintiff – petitioner has not made him party in RCS No.105/2007. From the cause title of RCS No.105/2007, which is Exhibit A in the present petition, it is clear that Namdeo Thaknath Sadaphal is not party as defendant in the said suit and inspite of that, the petitioner started execution against him. Today, the learned counsel appearing on behalf of the petitioner filed additional affidavit of Chhabubai Suresh Mundalik – the petitioner hereinabove, stating that the petitioner does not want to execute the decree against Namdeo Thaknath Sadaphal. Considering the statement made by the petitioner on solemn affirmation in her affidavit dated 26.8.2009, the present writ petition is partly allowed allowing the petitioner to proceed with R.D.No.36/2008 against the respondent nos.2 and 3-A to 3-C in the present writ petition. With these directions, the writ petition is disposed of. (K.K. Tated, J.) ndk/c59099