1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1315/2009 (Smt. Indrajeet Kaur wd/o Attar Singh Kapoor Vs. Brahmadas Soma Tambe & ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. L.H. Kothari, Adv. for the petitioner. CORAM : Smt. Vasanti A. Naik, J. DATED : 6 th APRIL, 2009. By this petition, the petitioner impugns the order passed by the executing Court on 22/10/2008, dismissing an application filed by the petitioner under Section 47 of the Code of Civil Procedure. It is clear from a perusal of the application as also the impugned order dated 22/10/2008 that the impugned order is just and proper. It is necessary to note that though the decree for possession was passed on 23/9/2005 and a substantive appeal filed by the petitioner against the same, was dismissed by the appellate Court by the order dated 1/8/2006, the petitioner has not taken any steps for setting aside the order passed by the appellate Court dismissing the appeal in default. The issue of absence of pecuniary jurisdiction could have been decided in the civil suit. 2 The executing Court rightly held that in such circumstances, since the Regular Civil Appeal No. 69/2007 was dismissed in default on 15/10/2007, the objection filed by the petitioner before the executing Court was not tenable and hence the application was dismissed by the order dated 22/10/2008. There is no error in the order dated 22/10/2008 so as to interfere with the same in exercise of extraordinary writ jurisdiction. The writ petition, therefore, fails and is dismissed with no orders as to costs. JUDGE RMP