1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7921 OF 2008 Namdeo Karbhari Bodake and Ors. .. Petitioners Versus Chabadu @ Chahadu Ranganath Bhise and Ors. .. Respondents Mr.P.N.Joshi for petitioners Mr.Girish R. Agrawal for respondent Nos. 1 and 2. CORAM : S.C.DHARMADHIKARI, J. DATE : 15th July 2009. P.C.: 1] Heard Mr.Joshi for petitioner. Perused the petition and the annexures thereto, including the impugned order. 2] Petitioner is aggrieved by an order made during the course of the execution proceedings. The petitioner had moved an application, Exh.46, 2 wherein an objection was raised to the executability of the decree on the ground that it is a nullity. It was alleged before the Court that the heirs and legal representatives of the deceased defendant No.1(d) were not brought on record and, therefore, this is a decree against a dead person. The same is not, therefore, executable and enforceable in law. The second plea raised was that the decree now cannot be executed and enforced because the period of 12 years prescribed by law has expired and the decree is, therefore, not enforceable. 3] The first objection is not dealt with is the complaint and that the second objection has been erroneously decided is another grievance. Both pleas are without any merits and substance. Learned Trial Judge has assigned cogent and satisfactory reasons as to why the decree is enforceable. The period has been computed from the date the appeal was decided and I see no error in thus holding that the decree is enforceable. 4] The heirs and legal representatives of one of the defendants are not brought on record, is the second objection. However, the person who is expired was a heir and impleaded in that capacity. Admittedly, the death was after the decree was passed and during the pendency of the appellate 3 proceedings. In these circumstances, how the decree becomes a nullity or unenforceable is not clear to me at all. Although, this objection was not raised or if raised not dealt with, I see no prejudice to the petitioner inasmuch as even the same was untenable. In these circumstances, there is no merit in the petition and the same is dismissed accordingly. No costs. (S.C.DHARMADHIKARI, J)