1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4067 of 2009 (Narendra A. Sonone v. Laxman R. Chaudhari) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri R.M. Ahirrao, Advocate for Petitioner. Coram : R.C. Chavan, J. Dated : 23 rd September, 2009 Heard the learned counsel for the petitioner. This petition by the decree-holder is directed against the order passed by the learned Civil Judge, Junior Division, Samudrapur, on application Exhibit 22 in Regular Darkhast No.77 of 2008 before him. The petitioner/decree-holder had come to the Court with a specific case that the judgment-debtor had encroached upon 45 x 15 ft., i.e. 675 sq.ft. area out of 78 ares of the plaintiff’s field. The suit was decreed and the judgment-debtor was directed to deliver 2 possession of this area, which was shown in the plaint map by letters ‘A’, ‘B’, ‘C’ and ‘D’. In the execution, it was alleged that the bailiff delivered possession of larger area. The judgment-debtor, therefore, made a complaint and sought restoration of possession of area in excess of 675 sq.ft., which was taken away from him. He had alleged that the bailiff had delivered possession of 1512 sq.ft. area, i.e. 675 sq.ft. of excess area. The petitioner/decree-holder had contended that the area was also under encroachment and in the field, there was no area owned by the judgment-debtor and, therefore, he had rightly been placed in possession of the entire area. The learned Judge of the Executing Court had heard the parties and it is clear from the petitioner/decree-holder’s reply that in fact he had been placed in possession of the area in excess of what was decreed. If there was a further encroachment, remedy of the decree-holder would lie elsewhere. After having sought a decree for recovery of possession of specific area – specifically earmarked in the plaint map, whose dimensions were defined – the petitioner cannot seek to expand the scope of the decree. The learned Judge, therefore, rightly ordered that the bailiff should re-deliver possession of the area beyond 675 sq.ft., which was taken 3 from the possession of the judgment-debtor. No interference is called for. The petition is, therefore, dismissed. Judge. pdl