1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8385 OF 2010 Nazmabi Sayeed Khan & others .. PETITIONERS VERSUS Bashir Khan Hasham Khan & another .. RESPONDENTS Mr. A.I. Deshmukh, advocate for the petitioners. ===== CORAM : R. M. BORDE, J. DATE : 16 th SEPTEMBER, 2010. PER COURT : 1 Application tendered by the petitioners for their impleadment in the execution proceeding under Order 1 Rule 10 of the Code of Civil Procedure has been turned down by the executing court in view of order passed on 21-7-2010. Admittedly, the petitioners are not party to the decree. They claim that they are in possession over the disputed property. In such circumstances, the remedy available to the objectioners i.e. petitioners herein is not by way of filing application under Order 1 Rule 10 of the Code of Civil Procedure. Application has been rightly turned down by the trial 2 court. The petitioners may avail appropriate remedy provided under the Code. In exercise of powers under Article 227 of the Constitution of India, no interference is called for in the petition. Petition stands rejected. 2 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/wp8385.10.odt