(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6480 OF 2010 Sopan s/o. Laxman Irle, Age : 40 years, Occupation : Agriculture, R/o. Mahalangra-Wadi, Taluka : Chakur, District : Latur, .. Petitioners and 3 others. (Original defendants) versus Bismillabee w/o. Dastgir Shaikh, Age : 55 years, Occupation : Household & Agriculture, R/o. Mahalangra-Wadi, Taluka : Chakur, .. Respondent District : Latur. (Original plaintiff) ....................... Mr. R.P. Adgaonkar, Advocate, for the petitioners. Mr. S.S. Halkude, Advocate, for the respondents. ........................ (2) CORAM : B.P. DHARMADHIKARI, J. DATE : 15TH MARCH 2011 COURT'S ORDER : 1. Heard Adv. Mr. R.P. Adgaonkar, for the petitioners, and Adv. Mr. S.S. Halkude, for the respondent. 2. The petitioners have challenged the order dated 18-3-2010, passed by the learned Civil Judge (Junior Division), Chakur, below Exhibit 10 in Regular Darkhast No. 2/2009. 3. The petitioners are judgment debtors and contention is, by appointing commissioner in execution, the executing court has exceeded its jurisdiction and is trying to go behind the decree. Attention is invited for that purpose to the judgment of this court dated 6th October 2008, in Second Appeal No. 297/2007. 4. Adv. Mr. Halkude, for the respondent, states that only facts are sought to be brought on record and at present there is no prejudice to the petitioners / judgment debtors. 5. According to Adv. Mr. Adgaonkar, for the petitioners, (3) it is obvious from paragraph 10 of the judgment in Second Appeal No. 297/2007, that Bandh already in existence separates the property of respondent / decree holder from the property of the petitioners / judgment debtors. According to him, there is no allegation of tampering with said Bandh in any way. 6. I am not inclined to apply mind at this stage. The judgment and decree in Second Appeal nowhere prohibits such ascertainment. The executing court has only appointed commissioner and after that report comes on record, if the executing court while executing decree proceeds to take any steps which run counter to the judgment and decree, the petitioners can raise appropriate grievance at that stage. 7. With that liberty to the petitioners / judgment debtors, the petition is disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp6480