1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3566 OF 2010 Sau.Minakshibai Parbhakarrao Chaudhari and others. ..Petitioners -VERSUS- Bhagirathibai Laxmanrao Saware ..Respondent .... Mr.V.R. Sonvalkar, Advocate for petitioners. Mr.V.D. Salunke, Advocate for respondent. .... (CORAM : V.R.KINGAONKAR,J.) DATE : 17th June, 2010. PER COURT : 1. By this petition, the petitioners challenge the order of the Executing Court, whereby possession warrant was directed to be issued. 2. Heard learned counsel for the parties. 3. On going through the entire record and on consideration of submissions of the counsel, it is amply clear that the decree-holder could not get the benefit of decree since many years and that several spokes were put in the process of execution. The petitioner is purchaser from the original defendant no.9-Ramkrushna only to the extent of part of land bearing survey 2 no.383-AA. It appears that subsequently the land survey no.383- AA along with some other lands had been consolidated in gut no. 390. The petitioner's land is only to the extent of 3 Hectors 78 Ares. The land to be delivered to the decree-holder which was directed to be measured through T.I.L.R. for fixation of boundaries and identification of the property was to be handed over to the decree- holder. It appears in Civil Revision Application No.149/2008, this Court directed the T.I.L.R. to carry out the measurement. The T.I.L.R. carried out the measurement. The objection petition of the petitioner came to be rejected by the trial Court. The grievance of the petitioner is that survey no.383-AA, which is a part of gut no. 390, is also being delivered to the decree holder. The execution application and the directions of the Executing Court do not show that the petitioner's land is being delivered to the decree-holder. Consequently, no merit in the petition. Still however, before actual delivery of possession, the Executing Court shall reaffirm the position of the boundaries of the properties and shall not deliver the petitioner's land survey no.383-AA to the decree holder. The Writ Petition is disposed of accordingly. (V.R.KINGAONKAR) JUDGE gas/wp3566.10