1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.4323 of 2006 Shri Bhimrao Nivrutti Jagdale & ors. Petitioners Vs. Shri Ambadas Tulshiram Jagdale & ors. Respondents Mr.R.V.More and Mr.Prashant Patil for petitioners. CORAM: B.H.MARLAPALLE,J. July 18, 2006. P.C. . Heard the learned counsel for the petitioners who are the judgment debtors in Regular Darkahst No.60 of 1994. The Decree Holders filed an application at Exhibit 30 under Order I Rule 35 of CPC whereas the judgment debtors have filed an application at Exhibit 36 under Order XX1 Rule 29 of CPC. The application filed by the decree holders was allowed and that of the present petitioners was rejected by the learned Civil Judge, Junior Division at Sangola vide impugned order dated 17/6/2006. . The petitioners contended vide application at Exhibit 36 that they have filed RCS No.113 of 2006 for setting aside the decree passed in RCS No.51 of 1980 and, therefore, till the decision in RCS No.113 of 2006 is rendered finally the execution proceedings were required to be stayed as the decree in RCS No.51 2 of 1980 was obtained by playing fraud or by misrepresentation of fact and/or by suppressing the facts. . The learned Judge of the executing Court noted that the decree passed in RCS No.51 of 1980 was confirmed right upto the Apex Court and the applicants were the parties in RCS No.51 of 1980 all along. The Court below, therefore, held that the petitioners’ prayer for staying the execution proceedings cannot be entertained and on the other hand the application filed by the decree holders for issuing the possession warrant under Order XXI Rule 35 of CPC was required to be allowed. No fault could be found with the view taken by the learned Judge of the executing Court in the impugned order in this petition under Article 227 of the Constitution. . Hence the petition is rejected summarily and it is clarified for the benefit of the petitioners that RCS No.113 of 2006 will have to be heard and decided on its own merits. (B.H.MARLAPALLE,J.)