1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL REVISION APPLICATION NO. 62 OF 2009 Shrikant Pandurang Bagde & Ors. Vs. Kisni w/o Pandurang Shende Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri Adv for appellant. CORAM: C. L. PANGARKAR J. Dated: 19 th NOVEMBER, 2009. This revision challenges the order passed by the Joint Civil Judge Junior Division Narkhed whereby he rejected the application purporting to be an application/objection in execution proceedings. Respondent herein had filed a suit for partition and separate possession of the suit property. The said suit came to be decreed and the decree was put to execution. During the execution proceedings the present petitioners who are judgment debtors filed an objection. The said objection was rejected by the Court. Main contention of the present petitioners was that the 2 respondent herein had sold the property to one Sheshrao Bagde and therefore decree could not be passed in favour of present respondent. Learned Judge of the executing Court rejected the objection, hence this revision. Learned counsel for the petitioner submits that the property has been sold by respondent therefore she has no right to execute the said decree. He also submits that even a decree could not have been passed in her favour as the decree was obtained by fraud. He also submits that property was sold during the pendency of the suit. Order 22 Rule 10 makes it clear that original plaintiff who instituted a suit can continue to sue everafter sale of property as such. Decree was rightly passed in favour of present respondent. If according to judgment debtor decree was obtained by fraud the judgment debtor is at liberty to institute the suit for declaration that decree has been obtained by fraud. Such an objection cannot be raised by the petitioner during the execution. Order passed by the learned Judge does not suffer from any infirmity. Revision is therefore dismissed in limine. JUDGE svk 3 4 5 6