1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6705 OF 2011 Dr.Ashok Chandraji Kale ...Petitioner Versus Ananda Eknath Malji & Others ...Respondents Mr.Mahindra Deshmukh for the Petitioner Mr.M.L.Patil for the Respondent No.1 CORAM:- R.Y.GANOO, J. DATED:- 18th OCTOBER, 2011. P.C. 1. Heard learned Advocates on both sides. Perusal of the record goes to show that in the Regular Darkhast No.435 of 2008, which is presently pending on the file of learned Civil Judge, Junior Division, Kadegaon, the court had directed the Court Commissioner to identify the property which is sought to be executed by the aforesaid Darkhast Application. The Commissioner’s report goes to show that the said property is demarcated in Point A1, A2, A3 and E. After 2 having perused the entire record, it is difficult to ascertain the gut numbers or the survey numbers along with Hissa numbers of the relevant property which has been identified by the Court Commissioner for the purpose of execution of the Sale Deed. 2. Learned Advocate for the petitioner wanted to contend that he has nothing to do in regard to the property which is identified by the Court Commissioner. As against that, learned Advocate for the respondent no.1 took me through page 24 of the petition and contended that the Gut No.1182/17B admeasuring 10 R is required to be sold and conveyance in that behalf is required to be done. He pointed out that name of the present petitioner Dr. Kale, appears as Kabjedar and therefore when the sale deed is going to be executed by the Court Officer, the present petitioner will be certified as vendor. 3. After having heard learned Advocates on both sides, I am of the view that it is necessary to identify the Gut Number or Survey Number and Hissa Number in respect of the property/properties which are identified by the Court Commissioner as the one to be dealt with by the sale deed to be executed by the officer of the Court . Once the 3 Gut Number, Survey Number or Hissa Number is identified, the 7 x 12 extracts in respect of those properties is perused, the sale deed can be executed by showing the names of the holders of those relevant lands as owners and that is how the sale deed can be executed and attended to. 4. In view of the aforesaid observation, petition is disposed of by passing following order. ORDER i. Learned Civil Judge, Junior Division, Kadegaon, District Sangli , who is attending to Regular Darkhast No.435 of 2008 shall on his own or with the assistance of the Commissioner or with the assistance of Appropriate Revenue Authorities identify the Gut Number/ Survey Number/Hissa Number of the property/properties which are identified by the Court Commissioner as the property in respect of which sale deed is to be executed towards the completion of the job in Regular Darkhast No.435 of 2008. Once the Gut Number/ Survey Number/ Hissa Number is so identified, the said court shall arrange to peruse the 7 x 12 extract in respect of the Gut 4 Number/ Survey Number/ Hissa Number and shall execute the conveyance through its officer in favour of the respondent no.1 covering those properties, namely Gut numbers/ Survey numbers /Hissa numbers and in the said sale deed such of the persons who are shown as Kabjedar in regard to those Gut numbers/ Survey numbers Hissa numbers will have to be shown as vendors and the said conveyance shall be deemed to have been executed by the present court on behalf of those vendors. ii) Once this job is done, the title of the respondent no.1 shall be properly perfected. In the facts and circumstances of the case, there shall be no order as to costs. (R.Y.GANOO, J.)