Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO.1593 OF 2008 IN WRIT PETITION NO. 1073 of 2004 Prabhakar M. Mali & ors. ...Applicants V/s. Malan Popat Jagdale ...Opponent Mr. S.D.Thokale for Applicants in CA. 1593/2008 & for Respondents in WP. 1073/2004. Mr. Nitesh Bhutekar i/b. Uday Warunjikar for Respondent in CA/1593/2008 and for Petitioner in WP 1073/2004. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 11th SEPTEMBER, 2008 : 11th SEPTEMBER, 2008 : 11th SEPTEMBER, 2008 P.C. . Heard Counsel for the parties. The prayer in this application is founded on the assertion that petitioner misled this Court by asserting that the petitioner was not party to the Suit and inspite of that the decree was being executed in relation to the property belonging to the petitioner. This assumption is completely misplaced. For, this Court issued notice to consider the question agitated by the petitioner as noted in the order dated 14th June, 2004 to the effect that even though petitioner has preferred application exhibit 25 which was undecided, the Executing Court was proceeding with the execution of the decree. In circumstances, there is no substance in this application. The same is 2 rejected. 2. However, as the issue involved in the Writ Petition is short question, Writ Petition No. 1073/2004 itself be placed for hearing under caption final disposal on 15th October, 2008 in the admission Board. Application disposed of accordingly. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]