Dhananjay Baburao Kopre And Others v. Surekha Nagbhushan Nagure

906-WP.399-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 WRIT PETITION NO.399 OF 2021 DHANANJAY BABURAO KOPRE AND OTHERS

VERSUS

SUREKHA NAGBHUSHAN NAGURE ...

Advocate for Petitioners : Mr. Dharashive M.L. ...

CORAM : V. K. JADHAV, J.

DATE : 20.01.2021 PER COURT :- 1.

I do not find any substance in this Writ Petition. The petitioners are Judgment Debtors in the Execution Petition. 2.

In terms of the compromise decree passed in Regular Civil Suit No.443 of 2014, certain portion of the land was alloted to the respondent / original plaintiff. However, the respondent / decree holder has filed the execution with the sole contention that though she has tried to measure her property but the petitioners / Judgment Debtors have obstructed the same.

3.

In paragraph No.6 of the impugned order, the executing Court has recorded that the advocate for both the parties have

906-WP.399-21.odt made a statement at bar that the parties are ready for measurement and fixation of boundaries of only 40 R. of land of decree holder.

4.

In view of the same, the learned Judge of the Executing Court has passed the impugned order appointing the Deputy Superintendent of Land Records as a Court Commissioner for the measurement of 40 R. of land from land Survey No.84/B/2 and further directed him to fix the boundaries of the said land. 5.

In view of the same, no interference is required. I do not find any substance in the Writ Petition. Hence, the following order :

ORDER

Writ Petition is hereby dismissed. No costs. (V. K. JADHAV, J.) ...

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