SRJ 1 wp-890-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.890 OF 2010 Mr. Natwarlal V. Doshi .. Petitioner V/s. Mr. Laxmandas V. Doshi & Others .. Respondents. Mr. Nitin P. Deshpande, for Petitioner. CORAM :A.S.OKA,J. DATE :7th APRIL,2010 P.C.:- 1. Heard Learned Counsel appearing for the Petitioner. The Petitioner is the original Plaintiff. The Petitioner has filed a suit for partition and separate possession against 1st Respondent. The suit was decreed. The Appellate Court reversed the decree in appeal preferred by the 1st Respondent. The decree passed in favour of the 1st Respondent has been set aside and suit filed by the Petitioner is dismissed. It appears that an application for execution of the decree passed by the Trial Court was filed by the Petitioner which was pending when the appeal was decided. An application was made by the Petitioner in the execution application. In the said application filed by the Petitioner, it is contended that the decree of the Appellate Court is nullity and SRJ 2 wp-890-10.sxw therefore, the decree of the Trial Court stands. The said application has been rejected by the Executing Court. 2. After having considered the submissions made by the Learned Counsel appearing for the Petitioner, I find no case is made out for interference. The decree passed by Trial Court which was sought to be executed by the Petitioner was set aside in appeal by the District Court. The remedy of the Petitioner was to challenge the Appellate decree. Hence, no case for interference is made out. Writ Petition is rejected. (A.S.OKA,J.)