Aadesh Gangaram Gaikwad And Ors vs Kamal Mahadev Jagtap
2021 Latest Caselaw 10949 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                              WRIT PETITION NO.4082 OF 2021



     Aadesh Gangaram Gaikwad & Anr.                   .... Petitioners

             Vs.

     Kamal Mahadev Jagtap                            ....   Respondent


     Mr. Sushil D. Shinde for Petitioner

                                         Coram : NITIN W. SAMBRE, J.

Date : 12TH AUGUST, 2021

P.C.:

1. The Petitioner-Judgment debtor suffered an order below

Exhibit 13 in Regular Darkhast No. 25 of 2017 in execution of decree

dated 22nd January, 2014 passed by the trial Court and confirmed in

Appeal on 27th January, 2020 in regard to the permanent and mandatory

injunction.

2. The application moved by the Respondent- Decree holder

for appointment of Court Commissioner for execution of decree passed

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in Regular Civil Suit No. 191 of 2010 for removal of wired compound

fixed on wooden pillars has been allowed on 17th June, 2021.

3. While questioning the said order, Shri. Shinde, learned

counsel appearing for the Judgment-debtor/ Petitioner would urge that

the report of the Court Commissioner dated 11 th April, 2012, which is

produced at page 108 is suffering from the material irregularity, as

according to him, Survey No.93 is shown to be owned by one Anandrao

Kokare,whereas in the report,same is shown to be Gayran land.

4. The aforesaid contention, in my opinion, will be hardly of

any consequence, particularly when the report of the Court

Commissioner dated 11th April, 2012 cannot be assailed in this petition

after a period of almost 9 years. What is ordered by the executing

Court is to take decree to its logical end by ordering execution of the

same through Court Commissioner.

5. Admittedly, the Second Appeal at the behest of the

Petitioner/ Judgment debtor is pending, in which no interim relief is

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operating. As such the executing Court is justified in proceeding ahead

with the execution. No case is made out to interfere in extra ordinary

jurisdiction of this Court. The petition fails, dismissed.

( NITIN W. SAMBRE, J.)