Vasant Maruti More Dced. Thr. Lhrs ... vs Ishwara Joti More
2023 Latest Caselaw 10306 Bom

2023:BHC-AS:29233
                                                                                 24-wp7762-2023.doc


                    AGK
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO.7762 OF 2023


                    Vasant Maruti More, deceased through
                    heirs and legal representatives
                    Alka Vasant More & Anr.                       ... Petitioners
                                V/s.
                    Ishwara Joti More                             ... Respondent


                    Mr. Nilesh Wable i/by Mr. Umesh R. Mankapure for the
                    petitioners.



                                                 CORAM      : AMIT BORKAR, J.

                                                 DATED      : OCTOBER 5, 2023
                    P.C.:

1. By this writ petition under Article 227 of the Constitution of India, the judgment debtor is challenging order dated 5 April 2023 passed by Civil Judge Junior Division, Palus in Execution Petition No.27 of 2010 appointing District Inspector of Land Records to measure City Survey No.2422 with the assistance of the bailiff.

2. In my opinion, the order passed is in furtherance of powers conferred on the Executing Court under Section 47 of the Civil Procedure Code, 1908.

3. The Apex Court in Pratibha Singh & Anr. v. Shantidevi Prasad & Anr. reported in (2003) 2 SCC 330 has held that the Executing Court has power under Section 47 of the Code of Civil Procedure,

24-wp7762-2023.doc

1908 to ascertain exact location of the suit property in case of ambiguity of the suit property.

4. Therefore, in my opinion, the impugned order needs substantial justice. There is no legal infirmity in the impugned order.

5. The writ petition is dismissed. No costs.

(AMIT BORKAR, J.)