( 1 ) wp2520.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2520 OF 2011 Ratanrao Yadavrao Kadam and Anr. .. Petitioners Versus Rajabhau Sukhdev Vairal & Ors. .. Respondents Shri P.B. Shirsath, Advocate for the petitioners. Shri V.D. Hon, Advocate for respondent No.1. Shri P.V. Vikhe, Advocate for respondent No.1. CORAM : B.P. DHARMADHIKARI, J. DATED : 29.03.2011 P.C. :- 1. The petition can be disposed of in view of the following understanding between the parties. i) Respondent No.1/Decree Holder (decree of Trial Court) shall not enter Gat No. 121 and honour the restraint put by this Court on his right in its order dated 30th April, 2010, in Civil Application No. 6427 of 2010 in Second Appeal No. 292 of 2010. ( 2 ) wp2520.11 ii) Before actually obtaining police aid, he shall inform the police of said order dated 30th April, 2010. iii) Shri Hon has clarified that the execution as filed and prosecuted further is not against the present petitioners who are original defendant Nos. 7 & 8. He states that as they are defendants in suit, their names have been mentioned in execution and no relief as such is claimed against them. iv) In view of this express statement, the argument of Adv. Shri Shirsath that the order dated 30th April, 2010, in Second Appeal does not permit execution of decree of Trial Court, which has been set aside in Regular Civil Appeal, preferred by the petitioners, need not be gone into at this stage. However, said contention is kept open for its consideration as and when the occasion arises. ( 3 ) wp2520.11 v) The petitioners before this Court are also free to communicate this order and the order dated 30th April, 2010 passed in the Second Appeal (supra) to police authorities. 2. The writ petition is disposed of accordingly. 3. Parties to act on authenticated copy of this order. [B.P. DHARMADHIKARI, J.] snk/2011/MAR11/wp2520.11