-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.2348 OF 2004 NO.2348 OF 2004 NO.2348 OF 2004 Shri Trimbak Y. Kulkarni ... Petitioner v/s Smt Shubhada S. Kurlarni and ors. ... Respondents Mr Vinod Jadhav i/b Mr S.S. Pakale for Petitioner. None for Respondents. CORAM : D.K. DESHMUKH J. DATE : 15TH JUNE 2005. -2- P.C. :- 1. The petitioner - judgment debtor had made an application before the executing court for framing a preliminary issue. That application has been rejected by the executing court. The executing court has rejected the application observing that the decree of which execution is sought is binding on the executing court and therefore, there is no question of executing court framing any preliminary issue. I do not find any patent illegality in the order impugned. Petition is rejected. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Personal Secretary of this Court as true copy. . Certified copy expedited. --------------------