1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.328 OF 1994 Smt.Mangala Ramakrishna Babbar (since deceased) through legal heirs & Ors. .. Petitioners versus Maruti Dattatraya Upalavikar (since deceased) through legal heir Babu Maruti Upalavikar .. Respondent Ms.Madhavi Tawanandi for the petitioners. Mr.S.G.Karandikar for the respondent No.1(a). CORAM : A.S.OKA, J. DATE : 8th September 2009. JUDGMENT: . Heard learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. The petitioners made an application under section 47 of the Civil of Criminal Procedure, 1908 in execution of the decree for possession raising objection to the execution of decree on various grounds. The decree for removal of encroachment was passed against the petitioners. The contention raised by the petitioners was that the decree was not valid as they are protected by the provisions of Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947. By the impugned judgment and order, the said objection raised by the petitioners has been overruled. 2 2. After having considered the submissions made by the learned counsel appearing for the petitioners it is not posible to find fault with the impugned order passed by the Executing Court. The learned Executing Court observed that the objection pleaded by the petitioners was a defence available to the petitioners in the suit and if such contention is allowed to be raised in execution, the Executing Court will have to go behind the decree as there is already a finding recorded for the petitioners have no right, title and interest in respect of the property of which decree for possession has been passed. 3. No case for interference is made out in writ petition under Article 227 of the Constitution of India. The writ petition is rejected. On the prayer made by the learned counsel appearing for the petitioners, interim relief operating in the petition is extended by a period of sixteen weeks from today. (A.S.OKA,J)