1 LPA290/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.290 OF 2011 IN WRIT PETITION NO.7444 OF 2011 Saraswati T. Savade ...Appellant v/s Krishna R. Patil and others ...Respondents Mr M.A. Patil with Mr Vijay Garad for Appellant. None for Respondents. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 28TH SEPTEMBER 2011. 2 LPA290/11 P.C. :- 1] The case of the appellant is that the development on the land had taken place even before the civil suit was filed. However, perusal of the judgment of the Trial Court shows that there was no issue framed in relation to the alleged development on the land. The executing Court is bound by the decree. There is a decree for delivery of possession. Therefore, the executing Court was bound to make an order for delivery of possession. The learned Single Judge has rightly appreciated the controversy. There is no room to interfere with the same. Appeal is rejected. Civil application No.341 of 2011 is disposed off. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE ANOOP V. MOHTA )