1 wp-7890-10 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7890 of 2010 Dr. Ranna Danappa .. Petitioner Versus Dr. Shashikala Ranna .. Respondent Mr. S.M.Gorwadkar for the Petitioner Mr. Mohan Pungalia i/b Mr. Neel Pungalia for the Respondent CORAM : R.M.SAVANT, J. DATE : 15th NOVEMBER, 2011 P.C. : 1 The above Petition takes exception to the order dated 5-9-2009 passed by the Learned Joint Civil Judge, Senior Divison, Pune, by which order, the Execution proceedings i.e. Special Darkhast No.178 of 2008 is found to be not maintainable and is accordingly dismissed. The execution is in respect of the compromise decree passed in marriage petition No.546 of 2005 and especially clause(6) thereof which according to the Petitioner confers a right of preemption to him in respect of the property in question. The Trial Court in the said circumstances was of the view that whether any such right of preemption exists or whether the said right has accrued 2 wp-7890-10 to any of the parties or not is a matter to be decided on the basis of evidence to be adduced by the parties and, therefore, considering the compromise decree the Trial Court was of the view that in so far as the right of preemption is concerned has not been conclusively determined and if the Petitioner herein intends to exercise his right of preemption he will have to file a suit claiming the right of preemption in the context of the compromise decree which was passed. In my view, the reasons mentioned by the Trial Court directing the Petitioner to assert his right by way of filing suit, are unexceptionable and do not merit any interdiction in the writ jurisdiction of this Court. The above writ petition is accordingly dismissed. (R.M.SAVANT, J.)