1 wp 3704.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3704 OF 2010 Chandrashekhar S/o Sidramappa Chinchansure .. Petitioner Versus 1. Bhaurao Sidramappa Chinchansure (Died) through his L.Rs. A-1. Smt. Sugalabai Bhaurao Chinchansure and others .. Respondents Shri S. P. Shah, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 06TH JULY, 2011. PER COURT : . The present respondent had filed execution proceedings for recovery of possession pursuant to the decree passed in his favour. During the pendency of the execution proceedings the decree holder filed an application Exhibit 82 for deleting the names of judgment debtor Nos. 2 and 3 against whom no decree is passed. Said application is allowed. Aggrieved thereby the present writ petition is filed. 2 wp 3704.10 2. Shri Shah, the learned counsel contends that in fact, the respondent is guilty of forgery. The respondent had added the names of judgment debtor Nos. 2 and 3 after tendering the said execution petition as would be clear from the avernments made in the Exhibit 82 and as such, the said deletion could not have been permitted subsequently. 3. In application Exhibit 82 the circumstances are given by the decree holder, the names of judgment debtor Nos. 2 and 3 were added prior to the registration of the darkhast and only when same was tendered before the C. O. C. When there is no decree against the original defendant Nos. 2 and 3, I do not see any error committed by the trial Court in allowing the application filed by the decree holder praying for deletion of the names of judgment debtor Nos. 2 and 3. In the result, the writ petition is dismissed, however with no costs. [ S. V. GANGAPURWALA, J. ] bsb/July 11