1 wp2007.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2007 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. R.R. Mantri, Advocate for the petitioner. Mr. A.S. Abhyankar, Advocate for respondent/caveator. CORAM : B.P. DHARMADHIKARI, J. DATE : 29TH MARCH, 2011 1. Executing Court has permitted the respondent- decree holder-landlord to correct city survey number of suit property as 1096/C-3. The number pleaded earlier was 1096/C-2. 2. Advocate Mr. Mantri for petitioner argues that city survey no. 1096/C-3 is all together different property. He contends that the said property is not forming part of suit property and the petitioner has independent contract in relation thereto. According to him, Executing Court therefore could not have gone beyond the decree and permitted the correction of such number. 2 wp2007.11 3. Advocate Mr. Abhyankar appearing for respondent states that the Municipal house number of the suit property is correctly recorded and even in say filed before the Executing Court the petitioner accepted that he was in possession of C.T.S. No. 1096/C-3. He contends that city survey no. 1096/C-2 is the property belonging to one Ramesh Sonar and petitioner has got no relationship with Ramesh Sonar or with that property. 4. Municipal house number is correctly mentioned. The petitioner himself has before Executing Court given correct city survey number. The petitioner also annexed the property register in relation to city survey no. 1096/C-2, which shows that it belongs to Ramesh Sonar. Admittedly, Ramesh Sonar has not obtained any decree against petitioner. 5. I do not see any jurisdictional error or perversity, the Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp2007.11