1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4382 OF 2009 ... Devidas s/o Namdeo Patil PETITIONER V E R S U S Rameshkumar s/o Birdichand Munot. RESPONDENTS. Shri.Ajay G. Talhar, Advocate for the petitioner. Shri.Deshmukh Najam, Advocate for the respondent. CORAM : B.R. GAVAI, J : DATE : 15th JULY, 2009 PER COURT :- 1. By way of present petition, the petitioner challenges the order dated 29.04.2009, vide which an application filed objecting to the execution proceedings came to be rejected. 2- The respondent -plaintiff had filed a suit for specific performance. Said suit was compromised in terms of compromise dated 26.06.2007. Compromise was recorded by the Court on the same day. However, since the sale deed was not executed within a period of 8 months as required under clause 4, execution proceedings came to be filed by the respondent. Said execution proceedings were objected by the present petitioner, on the ground that details as required under Order 21 Rule 11 had not given in the execution proceedings. Said objection is rejected. Hence present writ petition. 3- Shri Talhar, the learned counsel appearing on behalf of the petitioner submits that provisions of order 29 Rule 21 has not been complied with by the petitioner and as such execution proceedings ought to have been 2 disposed off. 4- The learned executing court has found that the terms and conditions were both agreed between the parties and as such both the parties are very much aware of the same. Though in the execution proceedings, the detail terms and conditions are not given, the gist is given. It has found that objection raised is a hyper technical one. The learned trial court has given cogent and sound reasons for rejecting the application. In that view of the matter, no perversity or infirmity could be found with the approach adopted by the trial court so as to warrant interference in exercise of extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India. Hence rejected. ( B. R. GAVAI ) JUDGE ..... aaa/wp4382.09