1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8264 OF 2010 Premsing s/o Bhimsing Patil and others Petitioners Versus Bhimsing s/o Dhondu Patil and another Respondents Mr.A.I.Deshmukh, advocate for the petitioner. CORAM: R.M.BORDE, J. DATE : 20 th September, 2010. P.C.: 1 Petitioners are claiming restraint order against defendants in respect of execution of decree passed in Special Civil Suit No.156 of 1992. 2 Suit was presented by Respondent No.2 against Respondent No.1 claiming specific performance of agreement. Suit was decreed by the trial Court and first appeal, presented by other defendant, has been turned down. Decree passed by the trial Court has been confirmed by this Court. Review Application seeking review of the order passed in Second Appeal has also been 2 turned down. 3 Petitioners herein have presented a suit, being Special Civil Suit No.198 of 2008 claiming partition and separate possession and also a declaration that the decree passed in Special Civil Suit No.156/92 does not bind them. In the year 2008, in pending civil proceedings, an application was presented by petitioners – original plaintiffs claiming restraint order against defendants – respondents herein from executing decree passed in suit of 1992. The trial Court has rejected the application and the said order has been confirmed by the first appellate Court. 4 I am of the view that the defendant, who has agreed to purchase the property, is entitled to secure fruits of decree at least after twenty years. The orders passed by the Courts below do not appear to be unreasonable or improper. In exercise of powers under Article 227 of the Constitution, no interference is called for. Petition is devoid of substance. 5 Writ Petition, therefore, stands rejected. (R.M.BORDE) JUDGE ******* adb/wp826410