1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 5894/2010 (Jivanlal A. Sulakhe and others vrs. Gulab B. Sulakhe and others) ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Shri I.A.Charlewar, counsel for the petitioner. Smt. M.M.Gharote, counsel for R-1 to 11. CORAM: R.K.DESHPANDE J. DATED: 16 th JUNE, 2011. This petition challenges the order passed below Exh.27, dated 30th September, 2009 by the learned Civil Judge, Senior Division, Gondia, rejecting the application under Section 47 of C.P.C., filed by the petitioner nos. 4 to 8. The objection raised by the petitioner nos. 4 to 8 was that, they were not the parties to the Regular Civil Suit No. 157/1979, hence the decree for specific performance passed therein is not binding upon them. The executing Court has rejected this objection on the ground that the judgment debtors have resisted the suit on merits and hence, there is no scope to re-agitate the same issue before this Court. It is not in dispute that during the pendency of 2 the appeal, the original defendant Amrutlal expired on 7.8.1992. The names of the petitioner Nos. 1, 2 and 3 were already on record. However, at no point of time the objection was raised by the petitioner Nos. 1, 2 and 3 that there were other legal heirs of the deceased defendant whose names were required to be brought on record. The learned counsel submits that the plaintiffs were residing in the same village where the defendants were residing and they were all aware of all the legal heirs of the defendant. However, the objection was not raised about the failure to bring the legal heirs of the deceased on record during the pendency of the suit or the appeal. Hence, no fault can be found with the order passed by the executing Court. The writ petition is, therefore, dismissed. JUDGE Rvjalit