1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5952 /2008 Dnyanoba Nanath Bajgamwar . .. Petitioners Versus Hasan Lalsab Dapkewale .. Respondent. --- Mr. S.J. Gaike, Advocatefor petitioner. CORAM : B.R. GAVAI, J. DATE : 24th June, 2009. ORAL ORDER :- 1] By way of present petition, the petitioner challenge the order dated 28th July, 2009, vide which the attachment of the property which was directed earlier vide order dated 17th March, 2008, was modified by the learned Executing Court and the same was released from attachment. 2] The learned Executing Court has given cogent and sound reasons while passing the order impugned. It has been found that the present petitioner has suppressed the material fact that he had withdrawn R.C.S. No. 238/2000 (old) i.e. R.C.S. No. 266/2002(new) by filing application 2 below Exhibit 56, wherein, he had admitted the possession of the judgment debtor and others on the plot in dispute, with permission to file a fresh suit for recovery of possession. In that view of the matter, it could not be said that the learned Executing Court has committed any perversity while passing the impugned order, so as to warrant interference in the extraordinary jurisdiction of this court. Hence, writ petition is rejected. [B.R. GAVAI,J.] grt/-