The main legal point established is that the issues framed in execution proceedings must be relevant to the execution of the decree and not enlarged unnecessarily based on the pleadings.

1. At the outset the learned Senior Counsel appearing on behalf of the Petitioner Shri P K Dhakephalkar seeks deletion of the Respondent Nos.1 and 2 on the ground that they are formal parties in the context of the challenge raised in the above Petition. The said Respondents are accordingly deleted at the risk of the Petitioner. Amendment to be carried out forthwith.

2. Rule with the consent of the learned counsel for the parties made returnable forthwith and heard.

3. The writ jurisdiction of this Court is invoked against the order dated 19/08/2014 passed by the learned Civil Judge, Junior Division, Kolhapur by which order the learned Judge has framed four issues which are numbered from (A) to (D) as the issues to be tried whilst deciding the objections raised vide Exhibit 75 by the Respondent Nos. 3 to 5.

4. It is not necessary to burden this order with unnecessary details. Suffice it would be to state that the said objections have been raised in the Execution Proceedings which have been filed for execution of the decree dated 25/06/1974 passed in Special Civil Suit No.22 of 1973 in favour of the Petitioner-Bank. It is pursuant to the decree that was passed that the Petitioner Bank filed Special Darkhast No.72 of 1976 for execution of the said decree on 18/06/1976. The Executing Court i.e. the learned Civil Judge Senior Division, Kolhapur granted permission to auction the mortgaged property. It seems that since there was a lukewarm response to the auction as no bids were received pursuant to the auction which has held on 03/08/1979, the Petitioner Bank thereafter obtained permission of the Executing Court to itself purchase the suit property, which was granted. The Petitioner Bank accordingly purchased the mortgaged property for an amount proportionate to the outstanding dues. The Executing Court accordingly on 10/03/1980 granted a Sale Certificate in favour of the Petitioner Bank in respect of the said mortgaged property which the Petitioner Bank had purchased in auction. The Petitioner Bank thereafter on 03/05/1980 filed Misc. Application No.1351 of 1980 for being delivered the possession. It is during the pendency of the said application, one of the Judgment Debtors i.e. Rajaram Nimbalkar expired on 08/11/1981. the Executing Court allowed the Respondent Nos. 3 to 5 and one Mr. Dhairyasheel Nimbalkar and one Ms. Sushila Nimbalkar being brought on record as his legal heirs and representatives.

5. The said Dhairyasheel Nimbalkar filed his objection (Exhibit 50) to the application filed for possession being Misc. Application No.1351 of 1980 filed by the Petitioner Bank. The objection raised by the said Dhairyasheel Nimbalkar was to the effect that the mortgaged property is an undivided property belonging to the Hindu Joint Family/ancestral property and therefore could not have been mortgaged or sold in auction. The Respondent Nos.3 to 5 also raised objections by adopting the objections raised by Dhairyasheel Nimbalkar at Exhibit 50. The objection of the Respondent Nos.3 to 5 was numbered as Exhibit 75. The said Misc. Application No.1351 of 1980 filed by the Petitioner Bank was dismissed by the Executing Court on the ground that the property was HUF property and the Objectors were minors and their rights need to be protected. The Petitioner Bank challenged the said order dated 06/07/1991 by way of Civil Revision Application No.778 of 1991. The said Civil Revision Application came to be admitted. During the pendency of the said Civil Revision Application, Dhairyasheel Nimbalkar expired, pursuant to which his wife Smt. Mayura Dhairyasheel Nimbalkar was brought on record of the Civil Revision Application on 10/07/1992. The said Civil Revision Application thereafter reached hearing on 07/06/2001. A learned Single Judge of this Court Shri V.C.Daga, J. as His Lordship then was, by consent of the parties set aside the order dated 06/07/1991 passed by the Executing Court i.e. the learned Civil Judge Junior Division, Kolhapur and