1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LPA NO. 393 OF 2009 IN WRIT PETITION NO. 1298 OF 2009 (Shri Rameshchandra Mansukhlal Agrawal vs. Smt. Savita Inderchand Agarwal) WITH LPA NO. 394 OF 2009 IN WRIT PETITION NO. 1299 OF 2009 (Shri Rameshchandra Mansukhlal Agrawal vs. Smt. Savita Inderchand Agarwal) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. SEPTEMBER 16, 2009. Heard Ms. Bhambhawani, learned counsel for the appellant. The contention of the learned counsel for the Judgment Debtor / tenant is that the earlier orders of this Court should not come in the way of the appellant prosecuting Civil Suit No. 732 of 2008 wherein a declaration that the judgment and decree has been obtained by the respondent / landlord by playing fraud has been sought. We find that in earlier Civil Suit at appellate stage, an application was filed under Order 6, rule 17 of Civil Procedure Code and that was rejected. In these circumstances, the learned Single Judge has rightly upheld the rejection of objection in execution on same lines. The rejection is in execution and after noticing that Civil Suit No. 732 of 2008 is pending, we find that the apprehensions expressed are not justified and also 2 misconceived. In view of this, we are not inclined to interfere in the present Letter Patent Appeals. The same are dismissed. JUDGE JUDGE *GS.