1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR SECOND APPEAL NO. 474 OF 2009 Jagannath Dattatraya Jog Vs. Radhabai Laxmanrao Ghate & 5 Ors. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. R. L. Khapre Adv for appellant. Mr. S. P. Kshirsagar Adv for respondents. CORAM: C. L. PANGARKAR J. DATED: 4 th MAY , 2010. Heard counsel for the appellant and the respondents. Shri Kshirsagar learned counsel appearing for the respondent i.e. Radhabai makes a statement that when decree passed in favour of Radhabai was put to execution, it was held that it was a decree which could not be executed being barred by limitation. He states that the matter was contested upto High Court and it was held even by the High 2 Court that execution filed was barred by limitation. SLP preferred against the said order of the High Court before the Supreme Court has also been dismissed. In view of this, it appears that the order passed by the Court holding that execution has become barred by limitation has assumed finality. In view of this, it is apparent now that Radhabai can not execute the said decree and has lost title as is stated by Shri Kshirsagar. In view of this, appellant does not wish to prosecute the appeal. Neither of the rights between present appellant and respondent Dattatraya can be deemed to be decided in this appeal. JUDGE svk