1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION (Z) NO.827 OF 2011. IN L.P.A. ST.19861 OF 2011. IN WRIT PETITION NO.3536 OF 2011 (D). (Ismail Khan Hyat Khan Vs. Krushna Gulabrao Ghotkar) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Dr. A.H. Jamal, Adv. for Appellant. CORAM: B.P. DHARMADHIKARI & P.D. KODE, JJ. DATE: DECEMBER 1, 2011. Heard the learned counsel for the appellant. Looking to the nature of controversy, we have perused the order of learned Single Judge on merits. The appellant - judgment debtor had taken preliminary objection for filing of execution on the ground of of Section 11 of the Code of Civil Procedure and Order 2 Rule 2 thereof. Executing Court, Appellate Court and thereafter learned Single Judge have found no substance in the same. We have given opportunity to learned Counsel to substantiate his challenge to filing of 2nd execution. After hearing him, we find that there is no perversity or jurisdictional error in the order passed by 2 the learned Single Judge. In this situation, we are not inclined to condone the delay. Hence, civil application is rejected. JUDGE JUDGE NSN